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IN THE HIGH COURT OF JUDICATURE AT MADRAS
P.VELMURUGAN, K.GOVINDARAJAN THILAKAVADI
Hdfc Ergo General Insurance Co Ltd. – Appellant
Versus
Rohini Hotels Madras Pvt Ltd. – Respondent
| Table of Content |
|---|
| 1. facts of insurance claims, flood damages, policy details and arbitration proceedings. (Para 1 , 2 , 3 , 4 , 5 , 6 , 7 , 8 , 9 , 10 , 11 , 12 , 13 , 15 , 16 , 17 , 18 , 19 , 20) |
| 2. arguments and contentions of the parties on policy conversion and award illegality. (Para 21 , 23 , 24 , 25 , 26 , 28 , 29 , 30) |
| 3. court analysis of policy terms, oral modifications and award validity. (Para 31 , 32 , 33 , 34 , 35 , 36 , 37 , 38 , 39 , 40 , 41) |
| 4. legal principles on section 34, section 37 and appellate review scope of arbitral awards. (Para 42 , 43 , 44 , 45 , 46 , 47 , 48 , 49 , 50 , 51 , 52) |
JUDGMENT :
K. GOVINDARAJAN THILAKAVADI, J.
1.The appellant herein prefer these appeals against the orders dated 10.03.2020 passed by this Court in O.P.Nos.653 & 651 of 2019 which was filed under Section 34 of the Arbitration and Conciliation Act, 1996 (herein after referred to ''The Act'') by the appellant herein.
The facts leading to file the present Original Side Appeal in O.S.A.No.187 of 2020 are as follows:
2.The appellant had issued a standard fire and special perils policy( herein after referred to ''Policy'') for a period of 12 months commencing from 05.06.2015 to the respondent
Arbitral awards can be set aside only for patent illegality or public policy violations, not mere erroneous application of law or re-appreciation of evidence.
The court annulled the arbitral award for misinterpretation of insurance policy terms, improper calculation of depreciation, and lack of independent reasoning in affirming mixed assessments for claim....
The business activities at the manufacturing unit at Hazira were irrelevant for assessing the loss suffered due to business interruption at the manufacturing unit at Dahej.
The court upheld the validity of the arbitral award, emphasizing limited grounds for judicial interference and the necessity of demonstrating clear error or illegality.
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