Sh. Inderjit Boparai vs The Managing Director

    IN THE HIGH COURT OF HIMACHAL PRADESH AT SHIMLA

                  ON THE 1st DAY OF JULY, 2022




                                                     .

                           BEFORE
                HON'BLE MR. JUSTICE A.A. SAYED,
                        CHIEF JUSTICE





                ARBITRATION CASE No. 81 of 2021





          Between:
          M/S. PAONTA SAHIB
          FOOD CORPORATION,

          DEHRADUN BYE PASS ROAD,
          NEAR BANGRAN CHOWK,

          PAONTA SAHIB,
          DISTT. SIRMOUR H.P.,
          HAVING WORK PLACE
          AT VILLAGE MAYIANA,


          P.O. BHOJNAGAR,
          TEHSIL AND DISTT.
          SOLAN, H.P.,




          THROUGH ITS
          AUTHORIZED PARTNER





          SH. INDERJIT BOPARAI

                                              ...PETITIONER





          (BY MR. NAVNEET KUMAR
          BHALLA, ADVOCATE)

          AND

     1.   THE MANAGING DIRECTOR
          IFFCO-TOKIO GENERAL
          INSURANCE CO. LTD.,
          REGD. OFFICE : IFFCO SADAN,
          C1 DISTT. CENTRE, SAKET
          NEW DELHI - 110 017
          (CIN NO. U74899DL2000PLC107621,




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                                    2



          IRDA REG. NO. 106)

    2.    THE MANAGER,
          IFFCO-TOKIO GENERAL




                                                           .
          INSURANCE CO. LTD.





          ITGI STRATEGIC BUSINESS
          UNIT FIRST FLOOR,
          SOHAN SINGH COMPLEX,





          NEAR SHASTRI NAGAR
          NEAR RAILWAY CROSSING
          LUDHIANA - 141 002.

                                                     ...RESPONDENTS


          (BY MR. SANJAY KUMAR
          SHARMA, ADVOCATE)
                   r            to
             This case coming on for orders this day, the Court

    delivered the following:
                               JUDGMENT

This is an application filed by the petitioner, under Section 11 of the Arbitration and Conciliation Act, 1996, (for short 'the Act'), seeking appointment of an Arbitrator to adjudicate the dispute and differences between the parties.

2. The petitioner has purchased from the respondents a Standard Fire and Special Perils Policy. During the period 17th/18th August, 2019, damage was caused to the building of the petitioner due to heavy rain and landslide and a claim was lodged with the respondents for the loss and damage under the Insurance Policy. According to the petitioner, quantum of loss and damages was arrived at in an arbitrary manner and the ::: Downloaded on - 04/07/2022 20:02:47 :::CIS 3 respondents disclosed their intention to pay only an amount of ₹ 56,26,092/- by making unlawful deductions against the claim .

of the petitioner of ₹ 1,34,41,208/-.

3. Having heard the learned counsel for the parties, I find that Clause 13 of the Insurance Policy, which forms part of the subject Contract Agreement, contains an arbitration agreement between the parties, which is not disputed by the respondents. In view of the dispute on the quantum of loss and damages, the petitioner invoked the arbitration clause vide their letter dated 31st May, 2021, proposing the name of one Arbitrator. In reply to the aforesaid letter, the respondents, by their letter dated 2 nd July, 2021, while rejecting the name of the Arbitrator proposed by the petitioner, proposed the other two names, requiring the petitioner to choose one for being appointed as the sole Arbitrator. The respondents have, in their said letter dated 2 nd July, 2021 stated that the seat of arbitration should be at Chandigarh and in case of dispute, it shall be left open to the arbitral tribunal to decide the seat of arbitration.

4. In the aforesaid circumstances, a case has been made out by the petitioner for this Court to exercise jurisdiction under Section 11(6) of the Act. Hence, the following order:

ORDER

(i) Mr. Lovneesh Kanwar, Advocate, is appointed as a .

sole Arbitrator to adjudicate the dispute between the parties which has arisen under Agreement.

The learned counsel for the parties have jointly suggested the name of the sole Arbitrator.

(ii) The learned sole Arbitrator, before entering the arbitration reference, shall forward a statement of disclosure as per the requirement of Section 11(8) read with Section 12(1) of the Arbitration and Conciliation Act, 1996, to the Registrar (Judicial) of this Court, to be placed on record of this application with a copy to be forwarded to both the parties;

(iii) The parties shall appear before the prospective sole Arbitrator on a date which may be mutually fixed by the learned sole Arbitrator, not later than three weeks from today.

(iv) The fees payable to the Arbitral Tribunal shall be as prescribed in 4th Schedule appended to the Arbitration and Conciliation Act, 1996.

(v) Office to forward a copy of this order to the learned Arbitrator on the following address:

.

Mr. Lovneesh Kanwar, Advocate, Chamber No. 201, Lawyers' Chambers, Near H.P. High Court, Shimla - 171 001

(vi) The application is disposed of in the above terms.

No costs.

( A.A. Sayed ) Chief Justice July 01, 2022 ( rajni ) ::: Downloaded on - 04/07/2022 20:02:47 :::CIS