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TMI Blog2023 (9) TMI 1572X X X X Extracts X X X X X X X X Extracts X X X X ..... ate and decide all disputes between the parties, the case of the petitioner inter alia has been that the petitioner obtained Fire Insurance Policy on 31.03.2018 from the respondent State Bank of India General Insurance Company Ltd., which was for the period from 31.03.2018 to 30.03.2019. The policy covered building, plant and machinery, stock for the sum assured under the policy. 3.1 Stated shortly, it was averred that on 28.05.2018, fire occurred at Survey No. 845, Ghodasar, Nenpur, Taluka Memdabad, at the factory premises of the petitioner, as a result of which, the petitioner, the petitioner suffered loss of cotton stocks, which were in form of raw materials, semi-finished goods, electrical installations, plant and machinery, which were insured under the policy. It was stated that the total loss amounting to Rs.1,76,19,967/- was suffered. 3.2 A surveyor came to be appointed by the respondent company on 29.05.2018, who visited the site of the occurrence. Another incident of fire took place on 17.11.2018, which also was reported to the respondent company. The Surveyor submitted his report on 30.12.2018 on 31.01.2019. The respondent paid Rs.84,08,957/-. While the claim in respect ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... 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 dispute or difference 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." 3.7 The prayer for appointment of arbitrator under the aforesaid clause was objected on various grounts inter alia that the petitioner has accepted the amount of Rs.84,19,579/- towards full and final settlement and that nothing was further required to be paid in view of the letter issued by the petitioner. 4. Several contentions were raised in the affidavit-in-reply filed on behalf of the respondent insurance company, which were pressed in service on course ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... nce of Advance Discharge Voucher dated 04.01.2019, by the petitioner regarding the receipt of the said amount of Rs.84,19,579/-. 4.4 With regard to the damage claimed in respect of the second incident of fire, dated 17.11.2018, it was stated by the insurance company that the petitioner claimed an amount of Rs. 6,27,98,576/-, out of which, the petitioner was paid amount of Rs. 2,00,00,000/- as first installment on 27.02.2019 and the balance amount on 14.10.2019. The second claim however, it was submitted by the insurance company itself that it had nothing to do with the claim in relation to the first fire incident. 4.5 It was further submitted by learned advocate for the insurance company that there was no arbitrable dispute has arisen, more particularly when there was a waiver of the claimed loss on part of the petitioner as relected in the consent letter. It was submitted that the issue pertains to liability and not the quantum and that the respondent company has not disputed its liability. It was submitted that the arbitration clause mentions about the dispute as to the quantum. 4.6 It was submitted that the parties had agreed and understood that no dispute shall be referred t ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... r factual aspect and deducted loss amount on his presumption, then we reserve our right to represent the matter to you or to take suitable legal remedies. Meanwhile, please note that we have accepted the amount paid by you under protest and we reserve our right to recover the same from you." 5.2 In the same way, in legal notice dated 02.03.2020, which was got issued upon by the petitioner, the stand of the company was disputed, in paragraph 5 of the notice, thus, extracting, "That our client had lodged a total claim of Rs. 1,68,95,972/- for damage to stock, Rs. 5,71,665/- towards segregation expenses and Rs. 1,52,330/- towards fire fighting expenses. As against a total claim of Rs. 1,76,19,967/- you have offered our client only Rs. 84,19,579/- therefore, our client is not completely indemnified for the loss he has suffered. Our client further states he was not been explained at the time of obtaining his consent letter that why huge amount of Rs.92,00,388/- is deducted from our client's claim. Our client further states that he had signed consent letter and settlement voucher with apprehension that if he did sign the consent letter and settlement voucher, his another claim whi ..... X X X X Extracts X X X X X X X X Extracts X X X X
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