JUDGMENT

1. The applicant has filed this Arbitration Application seeking appointment of an Arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as "the Arbitration Act").

2. It is pleaded in the Arbitration Application that the applicant has obtained a Standard Fire and Special Peril Policy (Material Damage) by paying premium effective from 15.11.2019 to 14.11.2020. The insurance policy covers damages caused by flood and inundation. Due to heavy rain in Jaipur, a situation of flood was created and the entire insured stock of the policy holder got damaged. The claimant raised a claim of Rs.43,65,328/- out of which a sum of Rs.14,47,645/- was paid by the respondent - Insurance Company. It is also pleaded that the respondent has arbitrarily made deduction reducing the claim of the applicant, which gave rise to a dispute between the parties. The applicant gave a notice to the respondent for referring the matter to the Arbitrator and appointed Shri N.P. Upadhyay (Retired District & Sessions Judge) as a Sole Arbitrator. The respondent challenged the order of appointment of the Arbitrator and the application filed by the respondent under Sect