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CHANDRA DHARI SINGH
Pee Empro Exports Pvt. Ltd. – Appellant
Versus
United India Insurance Co. Ltd. – Respondent
JUDGMENT
Chandra Dhari Singh, J. The present petition has been filed on behalf of the petitioner under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Act") in terms of the Arbitration Clause incorporated in the Standard Fire and Special Perils Policy bearing No. 0401001117P110869962 valid from the period 1st November 2017 to 31st October 2018.
FACTUAL MATRIX
2. Petitioner is a private limited company incorporated under the provisions of the Companies Act, 1956 whereas the Respondent is a Public Sector Enterprise providing general insurance services.
3. On 13th June, 2018, a fire broke out in the premises of the Petitioner due to an electric short circuit, which caused considerable loss and damage to the Petitioner, which was claimed as Rs.11,47,67,511/-. Accordingly, the Respondent appointed a surveyor to assess the damage caused and the claim applicable.
4. On 15th June, 2018, the Surveyor began the process of survey of claim and visited the Petitioner's premises during which the Surveyor and the Respondent sought various documents/information from the Petitioner to substantiate the Claim.
5. On 9th July, 2018, a second surveyor was
The Court's power under Section 11(6) is limited to testing the existence of a valid arbitration agreement. The issues pertaining to the quantum of claim and the maintainability of the petitioner's c....
The court emphasized the limited scope of the High Court's power under Section 11 of the Arbitration and Conciliation Act, 1996, and the requirement of prima facie satisfaction regarding the allegati....
Execution of discharge voucher does not bar arbitration if validity challenged; tribunal decides jurisdiction under Kompetenz-Kompetenz.
The court emphasized the limited role of the courts in deciding applications under Section 11, focusing on the prima facie ascertainment of the existence of a legal and binding arbitration agreement ....
Appointment of Arbitrator – Any dispute pertaining to full and final settlement itself by necessary implication being a dispute arising out of or in relation to or under substantive contract would no....
A discharge voucher signed under coercion is not a bar to arbitration for resolving disputes regarding the validity and amount of claims.
The main legal point established in the judgment is the need to refer disputes to arbitration when there is an arbitral agreement and a genuine dispute, while also considering the potential unfairnes....
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