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2024 Supreme(Online)(GUJ) 27945

HIGH COURT OF GUJARAT
MRS. JUSTICE SUNITA AGARWAL, CJ, MR. JUSTICE ANIRUDDHA P. MAYEE, J
M/S DOLPHINS COLOUR LAB – Appellant
Versus
THE ORIENTAL INSURANCE CO. LTD. – Respondent


Advocates:
MR SHALIN MEHTA, SR.ADV. with MR VINOD M GAMARA(5910) for the Appellant(s) No. 1 NILESH J GOSAI(7325) for the Appellant(s) No. 1 for the Defendant(s) No. 1

ORAL ORDER

(PER : HONOURABLE THE CHIEF JUSTICE MRS. JUSTICE SUNITA AGARWAL)

1. This appeal has been filed under Section 37 of the Arbitration and Conciliation Act, 1996 (in short as “the Act’1996”) challenging the order under Section 34 of the Act’1996 passed by the competent Court as also the arbitral award, which is subject matter of challenge under Section 34 of the Act’1996.

2. It seems that the arbitral proceedings had arisen out of a dispute in settlement of fire claim amount on account of fire accident, which took place on 27.04.2008 in the business premise of the appellant M/s. Dolphine Colour Lab. The appellant claimed indemnification under the Office Umbrella Policy by informing the Insurance Company about the fire accident. The Surveyor appointed by the Insurance Company had visited the site on 30.04.2008 and assessed the loss in Survey report submitted on 20.12.2008. The loss assessed by the Surveyor to the tune of Rs.2,26,439/- was sought to be settled by the Insurance Company by sending discharge voucher for Rs.2,16,300/- towards full and final settlement of the claim, which was not accepted by the claimant/appellant. The dispute was ultimately referred for determination

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