UNITED INDIA INSURANCE CO. LTD. Vs. ANTIQUE ART EXPORTS PRIVATE LIMITED

JUDGEMENT

(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:-