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2022 Supreme(UK) 350

S.K.MISHRA
Compack Foam Pvt. Ltd. – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Advocates Appeared:
For the Applicant :Mr. D.S. Patni, the learned Senior Advocate assisted by Mr. Dharmendra Barthwal, the learned counsel.
For the Respondent: Mr. Tarun Pande, the learned counsel holding brief of Mr. Prabhat Pande, the learned counsel.

JUDGMENT :

In this application, filed under Section 11 sub-Section 6 of the Arbitration and Conciliation Act, 1996, (hereinafter referred to as the Act for brevity), the applicant M/s Compack Foam Pvt. Ltd., a registered company, has prayed for appointment of Arbitrator for settlement of dispute between it and the National Insurance Company Ltd., i.e. the sole respondent in this case for resolving dispute between them in relation to the insurance claim alleged by it.

2. The facts of the case may be stated as follows:-

The claimant, being a registered company, having its registered office at Raipur Industrial Area was carrying out business of manufacturing of foams etc. It was availing a credit facility by placing its raw materials, good in process and finished stocks as well as the plant and machinery from the State of Bank of India. It has also obtained an insurance policy covering insurance of plant and machinery and tools for Rs. 8.00 crores, stocks of raw, semi and finished goods of the trade for Rs. 2.00 crores and factory building including boundary wall for Rs. 75.00 lakhs. In all insured declared value/sum insured of Rs. 10.75 crores against the Policy No. 462200/11/11/3300000

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