M/S P And T Tex Fab vs The New India Assurance Co. Ltd on 14 February, 2020

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Gujarat High Court

M/S P And T Tex Fab vs The New India Assurance Co. Ltd on 14 February, 2020

Equivalent citations: AIRONLINE 2020 GUJ 130

Bench: Sonia Gokani

          C/IAAP/43/2019                                     ORDER



          IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
           R/PETN. UNDER ARBITRATION ACT NO. 43 of 2019
                              With
           R/PETN. UNDER ARBITRATION ACT NO. 44 of 2019
                              With
           R/PETN. UNDER ARBITRATION ACT NO. 45 of 2018
                              With
           R/PETN. UNDER ARBITRATION ACT NO. 46 of 2019
                              With
           R/PETN. UNDER ARBITRATION ACT NO. 47 of 2019
                              With
           R/PETN. UNDER ARBITRATION ACT NO. 48 of 2019
==========================================================
                         M/S P AND T TEX FAB
                                 Versus
                   THE NEW INDIA ASSURANCE CO. LTD
==========================================================
Appearance:
MR HIMANSHU C DESAI(6832) for the Petitioner(s) No. 1
MR AJAY R MEHTA(453) for the Respondent(s) No. 1
==========================================================
CORAM:                 HONOURABLE MS JUSTICE SONIA GOKANI
                             Date : 14/02/2020
                          COMMON ORAL ORDER

1. This is a group of petitions, preferred under Section 11 of the Arbitration and Conciliation Act in the matter of contract of insurance dated 28.10.2015, 18.11.2015 and 17.12.2016, executed between the petitioner and the respondent, seeking following reliefs:

"19. ...

a) Your Lordships may be pleased to pass orders appointing any qualified person as a Sole Arbitrator in accordance with terms of the policy Agreements dated 28.10.2015, 18.11.2015 and 17.12.2016 read with provisions of Section 11 of the Arbitration and Conciliation Act, 1996, for adjudicating the dispute and differences between the applicant and the Respondent and oblige;

b. Your Lordships may be pleased to pass such other orders as may be necessary, proper and just in the facts Page 1 of 3 Downloaded on : Sun Jun 14 22:30:33 IST 2020 C/IAAP/43/2019 ORDER and circumstances of the case and oblige;

c. ..."

2. In this group of petitions, the prayer sought for is of appointment of any qualified person as a Sole Arbitrator in accordance with terms of the different policy Agreements executed between the parties, as provided under Section 11 of the Arbitration Act for adjudicating the disputes and differences between the parties.

3. After passing a common oral order on 13.12.2019, this Court passed following order on 31.01.2020:

" Shri Desai, learned advocate appearing for original petitioner - applicant has placed on record the communication which he has sent to Shri Mehta, learned counsel appearing for respondent indicating therein that the names of proposed arbitrators and Shri Mehta, learned advocate submitted that though there was some names of local Honourable Judges, but the respondents have no objection about accepting the first name fo Shri V.K. Gupta, Retd. Chief Justice, Jharkhand High Court, as sole arbitrator.

In that view of the matter, the Court is of the view that let the requisite declaration under Section 12 (1)(b) read with Section 11(8) of the Arbitration & Conciliation Act (As amended), be brought on record to act as a sole Arbitrator on the next date of hearing so that necessary orders can be passed. Put the matters on 14.02.2020.

Registry is directed to keep copy of this order in each matter."

4. The original declaration obtained from Shri. V.K. Gupta, the former Chief Justice of Jharkhand High Court, is placed before this Court.

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5. Perusing the same, the learned advocates on both the sides have jointly urged to appoint Shri. V.K. Gupta, the former Chief Justice of Jharkhand High Court, as a sole arbitrator to adjudicate the disputes and differences between the parties and as willingness by way of disclosure is made available, request of the parties is acceded to, therefore, Shri. V.K. Gupta, the former Chief Justice of Jharkhand High Court is appointed as the sole arbitrator to adjudicate the disputes and differences between the applicant and the respondent in each matter.

6. This request shall be intimated to the Sole Arbitrator by the Registry, after following the due procedure.

7. All the matters stand DISPOSED OFF, accordingly. Direct service is also permitted to the parties.

(SONIA GOKANI, J) UMESH/-

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