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2019 Supreme(Bom) 682

S.C.GUPTE
Tata Aig General Insurance Company Limited – Appellant
Versus
Manhattan Exports – Respondent


Advocates Appeared:
Saurav Agrawal, Adv., Manvi Adlakha, Adv., Sanjeev Sambasivan, Adv., Phoenix Legal, Adv., Rohaan Cama, Adv., Shavez Mukri, Adv., India Law Llp, Adv.

JUDGMENT :

S.C. GUPTE, J.

1. This arbitration petition challenges an award passed by a sole arbitrator in a reference arising out of an insurance contract.

2. The Respondent, who carries on business of exports of processed fabric/textile, and who was the claimant before the sole arbitrator, had insured its consignments inter alia of textile goods under a policy known as 'Marine Cargo Open Policy'. The period of the policy was from 1 November 2009 to 31 October 2010. This policy inter alia covered the voyage of the goods termed as 'Export FOB' voyage, and insured goods in transit "from any place/warehouse in India to any Indian port or airport until placed on board the overseas vessel/aircraft as per 'FOB clause'". It was the Respondent's case before the arbitrator that they had planned regular shipment of bales of textile for export to various countries between December 2009 and the first week of February 2010. For these shipments, about 3150 bales of textile were transported under various invoices and carting orders from warehouses at different places in India to Punjab State Container Warehousing Corporation's Container Freight Station ('CFS Warehouse') at Jawaharlal Nehru Port for




























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