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IN THE HIGH COURT OF DELHI
Vibhu Bakhru, J.
Supermint Exports Pvt. Ltd. - Appellant
Versus
New India Assurance Co. Ltd. - Respondent
O.M.P. (COMM) 356 of 2021 and IA Nos. 16153 of 2021, 16154 of 2021 and 16155 of 2021
Decided On : 07-12-2021




Discharge vouchers signed by the claimant negate the maintainability of further claims, and courts will not interfere unless findings are arbitrary or perverse.

Headnote:(A) Arbitration and Conciliation Act, 1996 - Section 34 - Challenge to arbitral award arising from insurance claims - The Arbitral Tribunal found the dispute not maintainable as claims were discharged by acceptance of payments in discharge vouchers. Court ruled that findings of the Tribunal were neither perverse nor warranting interference. (Paras 16-26)

(B) Public Policy Test - The court clarified that it does not act as a court of appeal in arbitration matters; it will not correct errors of fact unless findings are arbitrary. (Paras 24-25)

Facts of the case:
The petitioner claimed losses of Rs.27,08,30,874.13 after a fire incident, but the Tribunal concluded that claims were discharged upon signing discharge vouchers. (Paras 5-10)

Findings of Court:
The petitioner's claims against the respondent were dismissed, affirming the arbitral award that deemed the discharge of claims valid. (Paras 16-26)

Issues: Whether the discharge vouchers were signed under duress and the validity of the Arbitral Tribunal's findings. (Paras 17-21)

Ratio Decidendi: The acceptance of the amounts without objection and signing of discharge vouchers indicated a clear settlement of claims; interference in arbitrator's factual findings was not warranted. (Paras 21-25)

Result: Petition dismissed.

Table of Content
1. petitioner's insurance policy and claim details. (Para 1 , 2 , 3)
2. chronology of events and loss assessment. (Para 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13)
3. arbitration initiation and claims filed. (Para 14 , 15)
4. tribunal's finding on maintainability of claims. (Para 16)
5. arguments against arbitral award. (Para 17 , 18)
6. court's observations on arbitral tribunal's findings. (Para 19 , 20 , 21 , 22 , 23 , 24 , 25)
7. conclusion and dismissal of the petition. (Para 26)

JUDGMENT

Vibhu Bakhru, J. (Oral)--The petitioner has filed the present petition under Section 34 of the Arbitration and Conciliation Act, 1996 (hereinafter the `A&C Act') impugning an arbitral award dated 28.12.2019 (hereinafter the `impugned award') rendered by the Arbitral Tribunal comprising of a learned Sole Arbitrator (hereafter the `Arbitral Tribunal').

2. The impugned award was rendered in the context of disputes relating to the insurance claims made by the petitioner under the insurance policy issued by the respondent.

3. The petitioner is a company, inter alia, engaged in the business of manufacturing and dealing in mint and pine based essential oils. The petitioner had a valid "Standard Fire and Special Perils Policy" (Policy bearing no 34050011120100000163) (hereafter `the Policy') with the period of insurance commencing from 20.08.2012 to 19.08.2013. In terms of the Policy, the petitioner was insured against the specified risks for a sum of Rs.32,25,00,000/-.

4. On 13.02.2013, a fire broke out in the petitioner's manufacturing plant (property bearing no 4th Km., Bareily Road, Panwaria, Rampur, Uttar Pradesh), resulting in substantial loss to the petitioner. The petitioner informed the respondent about the incident. Thereafter, on 15.02.2013, the respondent appointed one Mr Abhay Rastogi as the initial Spot Surveyor and he retrieved the data pertaining to the stocks held by the petitioner. The respondent also appointed one J Basheer and Associates Surveyors Private Limited (hereinafter `the Surveyor') to assess the loss caused to the stock, building, and plant and machinery.

5. Thereafter, the petitioner, by a letter dated 21.03.2013, submitted its claim for an aggregate amount of Rs.27,08,30,874.13 for loss under various heads as set out below:

1BuildingRs.9,025,000
2PPFRs.242,000
3 Plant & Machineries including electricalsRs.72,410,059
4Stocks of raw material, finished goods, packing materials, stores & spares, chemicals, stock in process etcRs.188,046,026.13
5Fire Fighting Expenses by fire brigadeRs.57,789
6Cost of Removal of Debris, Cleaning by gas cutting, material equipment handling hire charges @ Rs. 3 per Kg for 250 MTS approx.Rs.750,000
7Architect & Surveyors feeRs.300,000
TotalRs.270,830,874.13

6. The Final Survey Report was filed on 10.02.2014 and the same quantified the loss suffered by the petitioner at Rs.11,11,76,658. Thereafter, the petitioner, by an email dated 20.02.2014, requested the Surveyor to review its assessment as it contended that the same would eliminate "the unjustified deduction in the value of our claims on stocks specifically".

7. Thereafter, on 05.03.2014, the Surveyor, by an addendum to the Final Survey Report, revised the loss on stock to Rs.10,05,68,218/- and thereby, increased the estimate of losses from Rs.11,11,76,658/- to Rs.12,11,31,758/-. On the same date, the petitioner communicated to the respondent that the revised assessment of loss in stock was acceptable to it. However, on 10.03.2014, the petitioner submitted bills aggregating Rs.13,78,757/- incurred as additional expenses, to the respondent.

8. Thereafter, on 14.03.2014, the respondent provided the Final Survey Report to the petitioner and deducted a sum of Rs.5,53,749/- from the claim of additional expenses claimed by the petitioner and offered an amount of Rs.12,19,56,766/- to the petitioner.

9. On 30.03.2014, the petitioner submitted a duly signed Discharge Voucher for accepting the sum of Rs.12,19,56,766/- as full a

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