Decided on January 25,2005

R.K.Industries Respondents


V.K.SHRIVASTAVA,J. - (1.) Being aggrieved by order dated 8-9-1998 passed by the 2nd Additional Distt. Judge, Durg in Civil Suit No. 4-A/95 by which application filed by the petitioner under Section 33 of the Arbitration Act, 1940 read with Section 151 of the CPC, was dismissed, this revision has been filed by the non- applicant/petitioner.
(2.) Respondent took two fire policies from the petitioner, i.e., Policy No. 00343/90, dated 6-8-1990 covering risk of building worth Rs. 15 lacs plant machinery worth Rs. 10 lacs, material/goods worth Rs. 21 lacs and Policy No. 003067/90, dated 14-11-1990, covering risk of stock etc., worth Rs. 14,40,000.00, scraps etc. worth Rs. 1,40,000.00. In November, 1990 the factory was put into fire by some unknown persons in the intervening night of 20/21st November, 1990 which caused heavy loss to the respondent. Respondent lodged a claim to recover loss suffered by him on account of fire worth Rs. 58,34,970.00. Non-applicant paid Rs. 16,67,528.00 and Rs. 33,865.00 towards loss suffered by the respondent in full and final settlement of the claim. Respondent made a complaint before National Consumer Disputes Redressal Commission, New Delhi claiming remaining amount of loss and interest. National Commission allowed interest at the rate of 18%, but refused to grant any other reliefs as claimed. Being aggrieved by the judgment of National Commission respondent filed an appeal before Supreme Court of India which was registered as Civil Appeal No. 6620/1995 and the Supreme Court of India vide order dated 5-12-1995, after hearing both the parties, dismissed the appeal on merit.
(3.) Respondent loosing his case finally has filed an application under Section 20 of the Arbitration Act, 1940 in the Court of District Judge, Durg for settlement of dispute to loss caused to him by fire in the intervening night of 20/21st November, 1990 taking shelter of Arbitration Clause No. 13 of the Policy. The application was registered as Case No. 4-A/95. Petitioner challenging the application submitted an application under Section 33 of the Arbitration Act read with Section 151 of the CPC for dismissal of application and proceedings as prayed for by the respondent, stating that respondent has been paid all his claims after due investigation, who in full and final satisfaction has received the same. Apart from that, dispute raised by respondent has been finally adjudicated by the National Consumer Disputes Redressal Commission, New Delhi and has been affirmed by the Apex Court of India. Learned Trial Court vide impugned order holding that National Consumer Disputes Redressal Commission, New Delhi did not consider the issue regarding the quantum of claim, therefore, dismissed the application filed by the petitioner.;

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