Supreme Court of India
Oriental Insurance Company Limited v. M/s. Narbheram Power and Steel Pvt. Ltd.
INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.
3 Supreme Court benches have cited this judgment.
What the Court ordered
In view of the aforesaid premised reasons, the appeal is allowed and the order passed by the High Court is set aside.
Judgment, page 17
From the headnote
Arbitration and Conciliation Act, 1996: s.11(6) – Appointment of arbitrator – Dispute between insurer and insured – Insurance claim – Repudiation of claim – Insurer declined to refer t he disputes to arbitrator as requested by the claimant – Claima nt filed application for appointment of arbitrator – High Co urt appointed arbitrator – Appeal by insurer – Held: The arbitrat ion clause contained in the agreement between the parties clearly s tated that if the insurer disputes the liability under or in respect of the policy, there can be no reference to the arbitrator – Insurer clearly disputed
Authorities it was built on
- 1966 General Assurance Society Ltd. v. Chandumull Jain and Anr.
- 2012 Chloro Controls (i) P. Ltd. v. Severn Trent Water Purification Inc. and Ors.
- 2016 A. Ayyasamy v. A. Paramasivam & Ors.
- 2004 United India Insurance Co. Ltd. v. M/s. Harchand Rai Chandan Lal
- 2013 M/s. Deep Trading Company v. M/s. Indian Oil Corporation and Ors.
- 1999 Oriental Insurance Co. Ltd. v. Sama Yanallur Primary Agricultural Coop. Bank
- 1975 Vulcan Insurance Co. Ltd v. Maharaj Singh & Another
Where later benches applied it
- 2022 M/s. Emaar India Ltd. v. Tarun Aggarwal Projects Llp & Anr.
- 2023 M/s N. N. Global Mercantile Private Limited v. M/s Indo Unique Flame Ltd. & Ors.
- 2020 Vidya Drolia and Others v. Durga Trading Corporation
Of those, 1 relied on · 2 referred to
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