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2012 Supreme(Del) 2256

REVA KHETRAPAL
Pacific Garments P. Ltd. – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Petitioner:Mrs. Shantha Devi Raman, Advocate.
For the Respondent:Ms. Manjusha Wadhwa. Advocate.

Reva Khetrapal, J.;—

1. The aforesaid petition has been filed by M/s Pacific Garments Pvt. Ltd. for appointment of an Arbitrator under Section 11of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act’).

2. Shorn of details, the facts are that a fire accident occurred on 22.04.2008 in the factory of the petitioner, in which huge stocks of raw and finished materials were lost, apart from the massive and enormous damage to the building. A claim was lodged by the petitioner with the respondent for Rs.4,46,61,615/-. After the lodging of the said insurance claim and exchange of various letters between the parties, the respondent – M/s Oriental Insurance Company Limited settled the claim for Rs.1,58,35,377/-. The petitioner claims that the said amount was accepted under protest and the signature of the petitioner on the discharge voucher was obtained by the respondent on the dotted lines because the petitioner was in great need of money. Since the respondent failed to honour their obligations under the insurance contract and failed to indemnify the genuine losses of the petitioner, the petitioner served a legal notice dated 28.04.2010 invoking the arbitration cla




















































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