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
| 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:
| 1 | Building | Rs.9,025,000 |
| 2 | PPF | Rs.242,000 |
| 3 | Plant & Machineries including electricals | Rs.72,410,059 |
| 4 | Stocks of raw material, finished goods, packing materials, stores & spares, chemicals, stock in process etc | Rs.188,046,026.13 |
| 5 | Fire Fighting Expenses by fire brigade | Rs.57,789 |
| 6 | Cost of Removal of Debris, Cleaning by gas cutting, material equipment handling hire charges @ Rs. 3 per Kg for 250 MTS approx. | Rs.750,000 |
| 7 | Architect & Surveyors fee | Rs.300,000 |
| Total | Rs.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
Discharge vouchers signed by the claimant negate the maintainability of further claims, and courts will not interfere unless findings are arbitrary or perverse.
Consent obtained under economic duress can invalidate contractual agreements in arbitration; courts respect arbitral awards barring serious legal flaws.
Point of law: Court is unable to accept that the impugned award suffers from any patent illegality that strikes at the root of the said matter. It is also not contrary to the fundamental policy of In....
Point of law: Arbitral Award -Courts should not interfere with an award merely because an alternative view on facts and interpretation of contract exists. The Courts need to be cautious and should de....
Execution of discharge voucher does not bar arbitration if validity challenged; tribunal decides jurisdiction under Kompetenz-Kompetenz.
A discharge voucher signed under coercion is not a bar to arbitration for resolving disputes regarding the validity and amount of claims.
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 execution of a discharge voucher in full and final settlement of a claim without reservation or demur indicates lack of credibility in claiming compulsion or duress.
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 ....
Login now and unlock free premium legal research
Login to SupremeToday AI and access free legal analysis, AI highlights, and smart tools.
Login
now!
India’s Legal research and Law Firm App, Download now!
Copyright © 2023 Vikas Info Solution Pvt Ltd. All Rights Reserved.