RASTOGI,J. - (1.) Leave granted.
(2.) These appeals have been filed by the Insurance Company assailing the order dated 30th May, 2017 passed by the High Court of Delhi appointing an Arbitrator in exercise of power under Section 11(6) of the Arbitration and Conciliation Act,1996(hereinafter being referred to as "the Act") to adjudicate the dispute between the parties.
(3.) The facts in brief manifest from the record and relevant for the present purpose are that the respondent claimant was running its factory situated at 78, Kilo Mile Stone, Karhans Village, Main GT Road, Samalakha, Panipat and purchased two Standard Fire and Special Perils Policies dated 29th June, 2013 and 10th October, 2013. On 25th September, 2013 and thereafter on 25th October, 2013, a fire took place in the factory on account of a short circuit as claimed by the respondent claimant. The appellant Company on receipt of the information appointed M/s. Protocol Surveyors and Engineers Pvt. Ltd. as surveyors and also appointed their investigator to submit the fact finding report. After the report was submitted by the authorised surveyor, the appellant Company sent an e-mail to the respondent with an intimation that it has approved its claim for an amount of Rs. 2,81,44,413/- on account of fire dated 25th October, 2013 towards full and final settlement with complete details of the amount computed. The extract of the e-mail sent by the appellant Company to the respondent has been placed on recordat Annexure P-2 in Civil Appeal arising out of SLP(C ) No. 23956 of 2017 and is reproduced as under:- "From: Jaiprakash1@uiic.co.in Sent: Thursday, May 05, 2016 1:23 PM To: Vimal Singh CC: sangeetagupta@uiic.co.in; vijaysharma@uiic.co.in; nareshchandolia@uiic. co. in Subject: Fire Claim dated 25.10.2013 Sir/Madam, This is to inform you that the Competent Authority has approved your claim for an amount of Rs. 2,81,44,413/- (building Rs. 88,18,691 P & M Rs. 7,32,382 FFF Rs. 3,61,049 Finished Goods, Rs. 1,95,66,389 Fire Fighting Ex. Rs. 59,000 Cost of Debris Removal Rs. 88,187 Total Rs. 2,96,25,698) Less Excess 5% Rs. 14,81,285 = Rs. 2,81,44,413) of loss dated 25.10.2013 (Claim No. 0407001113C101515001) In order to release the payment we require following from your end. 1. Confirmation from the concerned bank "Indian Overseas Bank, Defence Colony Branch. Through mail that in which Account the payment has to be made through NEFT. 2. Deposit Re-instatement premium of Rs. 19100/- 3. Fire Fighting expenses bills in original 4. Debris Removal bills in original. 5. Full and final settlement discharge voucher for Rs. 2,81,44,413/- duly endorsed by the bank also without any Subjectivity. Please furnish. Jaiprakash Divisional Manager United India Insurance Company Limited 10203, IIIrd Floor, Jamuna House, Padam Singh Road New Delhi-110005 Mobile : 9910791508 Phone : 28755967, 28755419 jaiprakash@uiic.co.in ";