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2012 Supreme(Bom) 946

D.Y.CHANDRACHUD
Tainwala Personal Care Products Pvt. Ltd. – Appellant
Versus
Royal Sundaram Alliance Insurance Co. Ltd. – Respondent


Advocates appeared:
For the Applicant:Ram Kakkar i/b. Duttmenon Dunmorrsett, Advocates.
For the Respondent:Gaurang R. Mehta with Ms. Sheetal Kohad, Advocates.

Judgment :

1. This application arises under Section 11(6) of the Arbitration & Conciliation Act, 1996. In pursuance of a proposal submitted by the Applicant for the issuance of a Standard Fire and Special Perils Policy, the Respondent issued a risk cover note on 14 February 2008. The cover note stated that the policy document was under preparation and would be submitted in due course. The Respondent by a letter dated 18 February 2008, informed the Applicant that the consideration received for covering the risk was lower than the offer & consequently the Respondent was not in a position to cover the risk. The case of the Applicant is that the letter dated 18 February 2008 is antedated since in the meantime on 22 February 2008, a surveyor appointed by the Respondent had adverted to the fact that the Respondent had issued instructions to the surveyor on 20 February 2008. The Applicant has invoked the provisions of Section 11(6) and relied upon the Arbitration Clause contained in what is described as a standard policy document.

2. Now admittedly, no policy document was executed. The risk cover note merely states that the policy document was under preparation and would be submitted in du









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