Ashis Kumar Chakraborty, J. - (1.) The Court : This is an application under Sub-section(6) of Section 11 of the Arbitration & Conciliation Act, 1996, as amended by Act 3 of 2016 (in short, "the Act of 1996"). According to the petitioner, the disputes between itself and the respondent insurance company relate to the Standard Fire and Special Perils Policy (Material Damage) dated January 11, 2016(hereinafter referred to as "the contract"), which also contains an arbitral agreement.
(2.) The petitioner alleges that on December 14, 2016 a fire broke out at its jute mill resulting in total destruction of huge quantity of jute lying at the godown of it's factory. Therefore, the petitioner caused the surveyor to make an inspection to asses 2 the extent of damage caused to its goods. The note of acceptance dated July 20, 2017 issued by the said surveyor assessed the damage suffered by the petitioner on account of the total destruction of its goods at Rs.79,35,897/- and the same was submitted by the petitioner to the respondent insurance company.
(3.) In spite of receipt of the said note of acceptance dated July 20, 2017 the respondent insurance company has not yet settled the claim of the petitioner. Thus, by a letter dated October 16, 2017 the petitioner invoked the arbitration agreement between the parties and requested the respondent to nominate a sole arbitrator. The respondent has received the said letter dated October 16, 2017 but it has not nominated the arbitrator as per the arbitral agreement and, as such, the petitioner has approached this Court for appointment of an arbitrator for adjudication of the disputes between the parties.;