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SUNITA AGARWAL
Shree Krishna Keshav Laboratories Limited – Appellant
Versus
Oriental Insurance Company Limited – Respondent
JUDGMENT :
SUNITA AGARWAL, J.
1. Invoking Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as ‘the Act, 1996’ for the sake of brevity), the petitioner herein came for appointment of the sole Arbitrator to adjudicate and decide the dispute arising between the parties, as per the Clause No. 13 of the General Terms and Conditions in connection with the insurance policy dated 24.03.2021.
2. The dispute arising out of the co-insurance policy being a Standard Fire and Special Perils Policy (Material Damage), for the insurance of the petitioner’s assets located at the factory premises situated at S. No. 31 near New Cotton Mill, Amraiwadi, Ahmedabad for the period from 31.03.2021 to 30.03.2022, is sought to be referred to the Arbitrator. Reliance is placed on the Clause 13 of the General Terms & Conditions of the insurance policy providing for arbitration as the dispute resolution mechanism.
3. To decide the claim of the petitioner for referring the dispute to the Arbitrator, certain relevant facts of the case, in brief, are to be noted herein-under. A fire accident had occurred on 10.11.2021 during the subsistence of the period of policy at the factory prem
The main legal principle established is the limited scope of the referral Court's jurisdiction under Section 11(6) of the Act, emphasizing the Court's role in conducting a prima facie examination of ....
The court reaffirmed that the existence of an arbitration agreement must be established, and disputes should generally be referred to arbitration unless clearly non-arbitrable.
(1) Invocation of arbitration – Execution of discharge voucher – There is no rule of absolute kind which precludes arbitration in cases where a full and final settlement has been arrived at.(2) Invoc....
The court reinforced the principle that arbitration agreements must be enforced and that jurisdictional issues regarding non-signatories should be resolved by arbitral tribunals, aligning with preced....
The court reaffirmed that a full and final settlement of disputes renders the matter non-arbitrable, limiting the court's jurisdiction under Section 11(6) to the existence of an arbitration agreement....
The scope of judicial review under Section 11(6A) of the Arbitration and Conciliation Act, 1996 is limited to examining whether an arbitration agreement exists and whether the dispute is arbitrable.
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