JUDGMENT :

Shekhar B. Saraf, J.

1. The petitioner, Jhajjar K. T. Transco Private Limited, in the instant application [being A.P. 449/2021] under Section 11 of the Arbitration and Conciliation Act, 1996 [hereinafter referred to as ‘the Act’] is a company incorporated under the provisions of the Companies Act, 1956 and is an ‘existing company’ within the meaning of the Companies Act, 2013.

2. The respondent, Oriental National Insurance Company Limited, is a nationalised insurance company within the meaning of the Companies Act, 2013 and having its office at CBU, 7, Red Cross Place, Kolkata 700001. The respondent is governed by the Insurance Act, 1938 and the Insurance (Amendment) Act, 2002 and the Rules framed thereunder.

3. The instant application has been filed under Section 11 of the Act for appointment of an arbitrator for adjudication of disputes that have arisen between the parties.

Relevant Facts

4. The petitioner obtained an Insurance Policy, being Industrial All Risk Policy bearing No. 311800/11/2015/410 from the Respondent for (1) 400/220kv, 2*315MVA & 220/132kv, 2*100MVA substation at Kabulpur, Rohtak, Haryana (hereinafter referred to as ‘the substation’). The tenure of the