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2022 Supreme(Jhk) 788

SUJIT NARAYAN PRASAD
Shah Sponge & Power Limited – Appellant
Versus
Oriental Insurance Co. Limited, through its Branch Manager – Respondent


Advocates:
Advocate Appeared:
For the Applicant :Mr. Krishanu Ray, Advocate
For the Opposite Party :Mr. Manish Kumar, Advocate

JUDGMENT :

1. This application has been filed under Section 11(6) of the Arbitration and Conciliation Act, 1996 (hereinafter referred to as the Act, 1996) seeking direction for appointment of sole Arbitrator so as to make reference of the dispute arisen between the parties for its adjudication.

2. The brief facts of the case, as has been enumerated in the instant arbitration application, read as under :

The petitioner/applicant, namely, Shah Sponge & Power Limited having its office at 7-Grant Lane Ganapati Chambers, Room no. 310, Cabin no. 5, Kolkata-700012 (West Bengal), and Administrative office at Holding no. 18, 2nd Floor, Padmalaya Building, Ram Mandir Shop Area, P.O. & P.S. Bistupur, Jamshedpur-831001 (Jharkhand), made a proposal/request for premium quote in respect of IAR and Marine Open Policy to the opposite party-Insurance Company.

It further appears from the pleadings made in the arbitration application that after receiving the policy the applicant/petitioner found that the sum assured against MLOP was Rs.5,10,00,000/- as against the proposal for Rs.15,10,00,000/-, as such, the applicant/petitioner immediately made an application on 26.07.2017 requesting therein to provide e

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