Jharkhand High Court
Ms Sri Balaji Agro Farm Industries ... vs The Senior Branch Manager The New India ... on 12 January, 2018
Author: Aparesh Kumar Singh
Bench: Aparesh Kumar Singh
IN THE HIGH COURT OF JHARKHAND AT RANCHI
Arbitration Application No. 21 of 2017
...
M/s Sri Balaji Agro Farm Industries Ltd., Saraikella ....... .....Applicant
Vrs.
The Senior Branch Manager, the New India Assurance
Co. Ltd., Chaibasa Branch, Chaibasa,
West SInghbhum(Jharkhand) ...... Opp. Parties
CORAM: HON'BLE MR. JUSTICE APARESH KUMAR SINGH
For the Applicant : Mr. Krishanu Ray Adv.
For the Respondent :
....
08/12.01.2018Supplementary affidavit has been filed by the learned counsel for the applicant after deposit of cost of Rs. 2,500/- in favour of JHALSA, receipt of which is with the counsel for the applicant.
Petitioner was under Standard Fire and Special Perils Policy with the respondent-the New India Assurance Company Limited for the period from 12.11.2014 to 11.11.2015 (Annexure-1). The cause of incident was due to storm. He sustained loss and raised an insurance claim. The claim was initially admitted for a sum of Rs. 3,21,713/- vide letter dated 23.03.2016. The petitioner was asked to sign the discharge voucher, Annexure-9 to the supplementary affidavit, which he refused to do. Again, vide letter dated 08.11.2017, his claim was reduced to Rs. 2,41,285/- and he was asked to sign the discharge voucher, which he did not accept, Annexure-10 to the supplementary affidavit.
According to the petitioner, the quantification of loss is incorrect and there is dispute about quantum of loss, which is covered under Clause- 13 of the SFSP agreement. According to the petitioner, total loss to be paid as per the insurance policy is Rs. 34,95,000/-. Despite the legal notice served for repudiation of loss or in alternate for appointment of an Arbitrator to adjudicate the dispute between the parties (Annexure- 8 dated 16.03.2017), the respondent have failed to respond or nominate an Arbitrator in terms of Arbitration Clause giving cause of action to the petitioner to invoke the jurisdiction of Hon'ble the Chief Justice under Section 11 (6) of the Arbitration and Conciliation Act, 1996 for appointment of an independent Arbitrator.
Issue notice upon the respondent under registered cover with A/D for which requisites etc. along with a copy of the supplementary affidavit must be filed within one week failing which this application shall stand rejected without further reference to a Bench.
(Aparesh Kumar Singh, J.) Kamlesh/