J.N.BHATT, H.H.MEHTA, J.M.PANCHAL
NEW INDIA ASSURANCE COMPANY LIMITED – Appellant
Versus
HANJER FIBERS LIMITED – Respondent
( 1 ) ). Whether the dispute about the existence of arbitration clause contained in Insurance Policy would cease to exist on account of passing of receipt of full and final settlement and whether such a dispute is arbitrable or not is the only question, which is in focus for our consideration, determination and adjudication in this reference.
( 2 ) THE Larger Bench came to be constituted pursuant to the view taken by the learned single Judge of this Court in Special Civil Application No. 10359 of 2000, decided on 6. 10. 2000, observing that the petition raises important questions which are likely to arise in number of cases and hence, it will be in the fitness of things if the petition is decided by a Larger Bench. Thereafter, learned Chief Justice passed order constituting Larger Bench and that is how this reference came to us.
( 3 ) THE petitioner, New India Assurance Company Limited has questioned the legality and validity of the order recorded by the learned Chief Justice under section 11 of the Arbitration and Conciliation Act, 1996 (the Act for short) by invocation of the provisions of Article 226 of the Constitution of India, inter alia, contending that the ar
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