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2016 Supreme(Raj) 304

BELA M.TRIVEDI
Lawreshwar Polymers Ltd. – Appellant
Versus
Reliance General Insurance Co. Ltd. – Respondent


Advocates:
Advocate Appeared:
For the Petitioner:- Mr. Sunil Nath, Advocate.
For the Respondent:- Mr. Virendra Agrawal, Advocate.

JUDGMENT :

Bela M. Trivedi, J.

The present arbitration petition has been filed by the petitioner under Section 11 (6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the said Act") seeking appointment of an Arbitrator in view of Clause 13 of the agreement (Annexure-16). The said clause 13 reads as under:-

"13. If any dispute or difference shall arise as to the quantum to be paid under this policy (liability being otherwise admitted) such difference shall independently of all other questions be referred to the decision of a sole arbitrator to be appointed in writing by the parties to or if they cannot agree upon a single arbitrator within 30 days of any party invoking arbitration, the same shall be referred to a panel of three arbitrators, comprising of two arbitrators, one to be appointed by each of the parties to the dispute/difference and the third arbitrator to be appointed by such two arbitrators and arbitration shall be conducted under and in accordance with the provisions of the Arbitration and Conciliation Act, 1996."

2. It appears that the petitioner was engaged with manufacturing of plastic & rubber footwear for which he had taken standard fire and










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