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Patna High Court

M/S Chaudhuri Imaging Associates Pvt. Ltd.versusThe Oriental Insurance Company Ltd. through its Chairman cum Managing Director

Decided
Disposal
DISPOSED

Holding

The Court appointed Justice Jyoti Saran as the sole arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996.

Summary

M/S Chaudhuri Imaging Associates Pvt. Ltd. entered into an insurance contract with Oriental Insurance Company Ltd. for coverage of its property, and after a flood in September 2019 the insurer paid a quantum of loss that the insured contested. The petitioner issued an arbitration notice on 31 July 2021 invoking the arbitration clause in the policy, but no arbitrator was appointed despite repeated attempts. The petitioner then filed a request case under Section 11(6) of the Arbitration and Conciliation Act, 1996, seeking the court’s assistance in appointing an arbitrator. The High Court held that there was no legal impediment to arbitration, as the dispute was civil in nature and the contractual arbitration clause was valid. On the parties’ consent, the Court appointed former Judge Justice Jyoti Saran as the sole arbitrator to determine the quantum of the claim, directing the parties to cooperate and noting that issues of limitation could be raised before the arbitrator. The petition was consequently disposed with the appointment order.

Issues considered

  • Whether the High Court can appoint an arbitrator under Section 11(6) of the Arbitration and Conciliation Act, 1996 when the parties fail to agree on an arbitrator.
  • Whether there exists any legal impediment to referring the dispute over the quantum of insurance claim to arbitration.

Legislation cited

Subjects

  • Arbitration
  • Insurance
  • Quantum of claim
  • Section 11(6)
  • Appointment of arbitrator
  • Contract dispute
  • High Court

Judgment

         IN THE HIGH COURT OF JUDICATURE AT PATNA
                         REQUEST CASE No.1 of 2025
     ======================================================
     M/S Chaudhuri Imaging Associates Pvt. Ltd. through its Director, Rajan
     Chaudhuri, aged about 61 years, male, S/o Late Vinay Kumar Choudhary,
     Road No. 2 Behind Rajendra Nagar Telephone Exchange, Rajendra Nagar,
     P.S. Kadam Kuan, District/Town-Patna-800016.

                                                             ... ... Petitioner/s
                                      Versus
1.   The Oriental Insurance Company Ltd. through its Chairman cum Managing
     Director Head Office, Oriental House, A-25/27, Asaf Ali Road, New Delhi-
     110 002.
2.   Chief Regional Manager, The Oriental Insurance Company Ltd. Regional
     Office at Sone Bhawan, 5th Floor, Birchand Patel Marg, Patna-800001.
3.   The Oriental Insurance Company Ltd. through its Divisional Manager,
     Divisional Office No. 1, Anand Vihar, 4th Floor, East Boring Canal Road,
     Patna-800001.

                                               ... ... Respondent/s
     ======================================================
     Appearance :
     For the Petitioner/s   :    Mr. Mukesh Prasad Singh, Advocate
     For the Respondent/s   :    Mr. Bimlesh Kumar Jha, Advocate
                                 Mr. Durgesh Kumar Singh, Advocate
     ======================================================
     CORAM: HONOURABLE THE CHIEF JUSTICE
     ORAL JUDGMENT
      Date : 17-04-2026

                   This request case has been filed under Section 11(6)

      of the Arbitration and Conciliation Act, 1996 (hereafter ‘1996

      Act’) by M/S Chaudhuri Imaging Associates Pvt. Ltd. with a

      prayer for appointment of an arbitrator for adjudication of

      dispute between the parties in accordance with the Arbitration

      Agreement as contained in Condition No. 13 of the contract of

      insurance agreement dated 04.07.2019 (Annexure-P1).

                   Condition No. 13 of the insurance agreement dated

      04.07.2019 reads as follows:-
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                     “13. If any dispute or difference shall arise as
                        to the quantum to be paid under this policy
                        (liability being otherwise admitted) such
                        difference shall independently of all other
                        questions be referred to the decision of a
                        sole arbitrator to be appointed in writing by
                        the parties to or if they cannot agree upon a
                        single arbitrator within 30 days of any
                        party invoking arbitration, the same shall
                        be referred to a panel of three arbitrators,
                        comprising of two arbitrators, one to be
                        appointed by each of the parties to the
                        dispute/difference and the third arbitrator
                        to be appointed by such two arbitrators and
                        arbitration shall be conducted under and in
                        accordance with the provisions of the
                        Arbitration and Conciliation Act, 1996.It is
                        clearly agreed and understood that no
                        difference or dispute shall be referable to
                        arbitration as hereinbefore provided, if the
                        Company has disputed or not accepted
                        liability under or in respect of this policy.
                       It is hereby expressly stipulated and declared
                        that it shall be a condition precedent to any
                        right of action or suit upon this policy that
                        the award by such arbitrator/ arbitrators of
                        the amount of the loss or damage shall be
                        first obtained.”


                       2. It is the case of the petitioner that an agreement

         was executed between the petitioner and the respondent Oriental

         Insurance Company Ltd. for insuring the petitioner’s property.

         On 27/28.09.2019, unfortunately the insured properties of the

         petitioner got damaged due to heavy rain. For assessing the
Patna High Court REQ. CASE No.1 of 2025 dt.17-04-2026
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         damage, a surveyor was appointed who assessed the damage

         caused to the petitioner and submitted a report to the Insurance

         Company regarding the loss suffered by the petitioner. The

         petitioner raised serious objection to the quantum of amount

         sanctioned to him and sent Arbitration Notice dated 31.07.2021

         invoking the arbitration clause, but to no avail. Thereafter, the

         petitioner filed Request Case No. 74 of 2021, which was

         disposed of granting liberty to the petitioner to file afresh on the

         same and subsequent cause of action, in case there is any need

         so arises subsequently. As the dispute regarding quantum of the

         insurance amount could not be resolved, the petitioner again

         invoked the arbitration clause provided in the insurance policy,

         which could not bear any fruit and therefore, the petitioner has

         filed the present petition for appointment of an independent

         arbitrator.

                       3. Having heard learned counsel for the parties, I find

         that there is no legal impediment in the adjudication of dispute

         by the Arbitrator, more particularly when the dispute arises out

         of the agreement which is being civil in nature and the petitioner

         has exhausted the channel available for resolution of the dispute.

                       4. In view of such finding as arrived at and on

         consensus of both the learned counsel for the parties, Hon’ble
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         Mr. Justice Jyoti Saran, former Judge of this Court, is appointed

         as learned Arbitrator to adjudicate all disputes arising out of

         agreement entered into between the parties to the lis.

                       5. All the pleas and issues raised, on merits, are left

         open to be considered and decided by the learned Arbitrator.

                       6. The learned Arbitrator shall be entitled to fee as

         per the Schedule of the Act.

                       7. Since the dispute arises out of an agreement of the

         year 2019, the hearing be expedited.

                       Parties undertake to fully cooperate and not to take

         any unnecessary adjournment.

                       The issue of limitation, if any, is left open to be

         raised before the learned Arbitrator.

                       8. Joint Registrar (List) is directed to communicate

         the order to the learned Arbitrator.

                       9. Learned counsel for the parties also undertake to

         communicate the order to the learned Arbitrator.

                       10. The learned Arbitrator shall issue notice to the

         parties.

                       11. The Request Petition stands disposed of in the

         above terms.

                       12. Interlocutory Application(s), if any, shall stand
             Patna High Court REQ. CASE No.1 of 2025 dt.17-04-2026
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                      disposed of.




                                           (Sangam Kumar Sahoo, CJ)
P.K.P./-
AFR/NAFR
CAV DATE
Uploading Date          18.04.2026
Transmission Date


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