HIGH COURT OF KERALA
FRANCIS KOTTACKAL EXIM PVT LTD – Appellant
Versus
THE UNITED INDIA INSURANCE COMPANY LIMITED – Respondent
ORDER
The non-settlement of insurance claim by the respondent made under the insurance policies purchased by the petitioner, has lead to the present Arbitration Request.
2. The petitioner purchased two insurance policies from the respondent to insure its stocks of rice at its factory against “Loss” and “Damage” arising out of inter alia “... Flood and Inundation...”. Claims were raised by the petitioner alleging damage of stocks on account of flooding. According to the petitioner, the respondent company satisfied only a part of the claim and the balance remain unsatisfied. The terms of the agreement between the parties provides for dissolution of disputes by arbitration. The respondent has not co-operated for the appointment of an Arbitrator. It is on the said allegations that the petitioner has approached this Court seeking appointment of an Arbitrator.
3. The respondent has filed a counter affidavit.
4. Heard the learned counsel on either sides.
5. The arbitration clause in the agreement reads thus:
“If any dispute or difference shall arise as to the quantum to be paid under this policy (liability being otherwise admitted) such difference stand independently of all other questions be
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