Delhi High Court
M/S Gill Acqua Hydro Power ... vs M/S The New India Assurance Co. ... on 10 October, 2019
$~A~22
* IN THE HIGH COURT OF DELHI AT NEW DELHI
% Date of decision: 10th October, 2019
+ ARB.P. 570/2019
M/S GILL ACQUA HYDRO POWER GENERATION COMPANY
PVT.LTD ..... Petitioner
Through Mr. Dinesh Sharma and Ms. Ritika
Jhurani, Advocates.
versus
M/S THE NEW INDIA ASSURANCE CO.
LTD. & ANR. ..... Respondents
Through Mr. Sanjay Rawat, Advocate.
CORAM:
HON'BLE MS. JUSTICE JYOTI SINGH
JYOTI SINGH, J. (ORAL)
1. This is an application filed under Section 11(6) of the Arbitration &
Conciliation Act, 1996, ('the Act') for appointment of Sole Arbitrator
to adjudicate the disputes between the parties.
2. The disputes arise out of an Erection All Risk Insurance Policy which
covered the project of the petitioner at Punjab, initially for a period
from 10.8.2015 to 30.4.2016, wherein the sum insured was
Rs.67,000,000/-. The policy was subsequently extended. On
12.7.2016 due to heavy rainfall at the project side damage was caused
to the project of the petitioner and he filed a claim with the
respondent.
3. It is contended by learned counsel for the respondent that the
respondent has in fact admitted that the claim of the petitioner was
payable but since the assessed claim falls within Minimum Excess
Clause no amount would be released.
4. Since the respondent did not release the claim of the petitioner, the
petitioner invoked arbitration vide letter dated 1.6.2019. Getting no
response from the respondent the present petition has been filed.
5. The said policy contains an arbitration clause which reads as under:-
"If any dispute or difference shall arise as to the quantum
to be paid under this Policy(liability being otherwise admitted)
such difference shall independently of all other questions be
referred to the decision of a sole arbitrator, to be appointed in
writing by the parties to or, if they cannot agree upon a single
arbitrator within 30 days of any party invoking Arbitration, the
same shall be referred to a panel of three Arbitrators
comprising of two Arbitrators - one to be appointed by each of
the parties to the dispute/difference, and the third Arbitrator to
be appointed by such two Arbitrators and arbitration shall be
conducted under and in accordance with the provisions of the
Arbitration and Conciliation Act 1996.
It is clearly agreed and understood that no difference or
dispute shall be referable to arbitration as hereinbefore
provided, if the Company has disputed or not accepted liability
under or in respect of this Policy.
It is hereby expressly stipulated and declared that it shall
be a condition precedent to any right of action or suit upon this
Policy that the award by such Arbitrator/Arbitrators of the
amount of the loss or damage shall be first obtained."
2. Learned counsel for the respondent on instructions submits that the
respondent has no objection to the appointment of Sole Arbitrator, without
prejudice to his rights of disputing any allegations or averments made
against the respondent in the present petition. With the consent of the parties,
Hon'ble Mr. Justice (retired) G.P. Mittal is appointed as a Sole Arbitrator to
adjudicate the disputes between the parties.
3. The address and mobile number of the learned Arbitrator is as under:
Hon'ble Mr. Justice G.P. Mittal (Retd.)
H-37, Green Park Extension,
New Delhi-110016
Mobile No. 9910384619
4. The learned Arbitrator shall give disclosure under Section 12 of the
Act before entering upon reference.
5. Fee of the Arbitrator shall be fixed as per Fourth Schedule of the Act.
6. The petition is disposed of in the aforesaid terms.
JYOTI SINGH, J
OCTOBER 10, 2019 /yo/
