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K. LAKSHMAN
Agastya Agro Ltd. , Secunderabad – Appellant
Versus
United India Insurance Company Ltd. – Respondent
ORDER :
The present arbitration application is filed under Section 11(5) & (6) of the Arbitration and Conciliation Act, 1996 (hereinafter ‘the Act, 1996) seeking appointment of a sole arbitrator to resolve the disputes between the parties.
2. Heard Mr. G. Ram Chandra Reddy, learned counsel for the Applicant and Mr. V. Sambasiva Rao, learned counsel for the Respondent.
3. The Applicant took the Standard Fire and Special Perils Policy on 17.08.2016 from the Respondent Company. The said policy was valid for a period from 28.08.2016 to 27.08.2017. On 06.07.2017, a fire accident occurred in the Applicant company’s factory. The same was intimated to the Respondent and a surveyor was appointed to assess the loss caused to the Applicant. The Applicant submitted a claim of Rs. 12,45,00,000/- towards loss caused by the fire accident.
4. According to the Applicant, after negotiations it restricted its claim to Rs. 7,54,38,689/- and the surveyor only allowed a claim of Rs. 4,20,08,497/- According to the Applicant, the surveyor wrongfully disallowed the claim of Rs. 3,44,30,192/- The Applicant alleged that the surveyor has not assessed the damage properly and on its protest the Respondent company a
The court emphasized the limited scope of the High Court's power under Section 11 of the Arbitration and Conciliation Act, 1996, and the requirement of prima facie satisfaction regarding the allegati....
The court emphasized the limited role of the courts in deciding applications under Section 11, focusing on the prima facie ascertainment of the existence of a legal and binding arbitration agreement ....
The Court's power under Section 11(6) is limited to testing the existence of a valid arbitration agreement. The issues pertaining to the quantum of claim and the maintainability of the petitioner's c....
A discharge voucher signed under coercion is not a bar to arbitration for resolving disputes regarding the validity and amount of claims.
Appointment of Arbitrator – Any dispute pertaining to full and final settlement itself by necessary implication being a dispute arising out of or in relation to or under substantive contract would no....
The issue of coercion and undue influence in the execution of a settlement agreement is an arbitrable dispute that should be referred to arbitration.
Execution of discharge voucher does not bar arbitration if validity challenged; tribunal decides jurisdiction under Kompetenz-Kompetenz.
The main legal point established in the judgment is the need to refer disputes to arbitration when there is an arbitral agreement and a genuine dispute, while also considering the potential unfairnes....
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