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IN THE HIGH COURT OF MADHYA PRADESH AT INDORE
Subodh Abhyankar
United India Insurance Co. Ltd. – Appellant
Versus
Ratlam Syenthetic Rope Manufacturing Company Through Smt. Rekha – Respondent
JUDGMENT :
Subodh Abhyankar, J.
1. This Arbitration Appeal under Section 37 of the Arbitration and Conciliation Act , 1996 has been filed by the appellant-United India Insurance Co. Ltd., against the order dated 14.11.2017, passed by the District Judge, Ratlam in Misc.Civil Case No.22/2007 (old No. 17/2004) whereby, the Award passed by the Arbitrator dated 13.9.2004, has been affirmed and the application filed by the appellant u/s.34 of the Act of 1996, has been rejected.
2. The questions which have fallen for the consideration of this court are as under :-
1.Whether the arbitration clause could have been invoked in the present case.
2.Whether the arbitration tribunal could have proceeded further after one of the arbitrators left the proceedings midway?
FACTS OF THE CASE.
Shorn of details, the facts giving rise to the present appeal are that the respondents no.1 and 2 had obtained a fire policy from the appellants United India Insurance Co. Ltd., covering their stocks, lying in the premises of the Respondent factory. The policy was valid for the period 13.5.1989 to 12.5.1990. During the policy period, a claim was put forth by the respondents, alleging fire in their premises, which resul
An arbitration clause only applies when the insurer admits liability; full repudiation precludes arbitration, and an improperly constituted Tribunal cannot issue an enforceable award.
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