JUDGMENT :

This is an application under Sections 11(5) and (6) of the Arbitration and Conciliation Act, 1996 (for short, Act of 1996) for appointment of Arbitrator.

2. Heard Mr. Ankit Singhal, learned counsel, appearing for the applicant as well as Mr. Raj Awasthi, learned counsel, appearing for the respondent.

3. The applicant is a company registered under the Companies Act, 1956 and is engaged in generation of power. The applicant had an ‘Industrial All Risk Policy’ bearing Policy No. 311800/11/2019/322 insuring the plant of the applicant from 17.07.2018 to midnight of 16.07.2019 with the respondent, on a premium of Rs. 2,87,004/- per year.

4. On 17.12.2018, a fire incident broke out in the plant of the applicant and in connection with the loss that had occasioned, the applicant had submitted its claim under the insurance policy in question amounting to Rs. 41,88,980/-. The incident was reported to the respondent on the date of incident itself and pursuant thereto, a Surveyor, namely, Gautam Basu was deputed by the respondent to conduct inspection of the plant. The survey report was submitted on 05.02.2019 and according to the survey report, the net loss assessed was Rs. 4,82,164/-.