Sh. Inderjit Boparai vs The Managing Director
2022 Latest Caselaw 5188 HP

    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,




                                    ::: Downloaded on - 04/07/2022 20:02:47 :::CIS
                                    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

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 )