The New India Assurance Company Limited v. Shivangi Oils Pvt. Ltd.

NAFR HIGH COURT OF CHHATTISGARH, BILASPUR REVP No. 31 of 2018 The New India Assurance Company Limited, through Divisional Manager Office, 2nd Floor, Rama Trade Center, Opp. Rajiv Plaza, Near Old Bus Stand Road, Bilaspur, District Bilaspur (C.G.)- 495001. ---- Petitioner

Versus

1. Shivangi Oils Pvt. Ltd. Represented through Dilip Tahmane, aged about 68 years, S/o Late Shri Prabhakar Tamhane, General Manager, Plot No. 18, 19 and 32, 33 Sector - B, Industrial Area, Sirgitti, Bilaspur, District Bilaspur (C.G.) --- Respondents For Petitioner :

Mr. H. B. Agrawal, Sr. Adv. With Mrs. Prabha Sharma, Advocate.

Hon'ble Shri Justice Sanjay K. Agrawal Order On Board 02/04/18 1.

Learned counsel appearing for the petitioner would submit that the impugned order dated 08.12.2017 passed in Arbitration No. 72/2017 for appointment of arbitrator could not have been passed in light of provisions contained under Section 64 UM of the Insurance Act, 1938 as the Surveyors and Loss Assessors (SLA) are empowered to settlement of losses above Rs. 20,000/-.

2.

I have heard learned counsel for the petitioner and perused the impugned order with utmost circumspection.

3.

The petitioner was duly represented in arbitration application and after hearing the parties, the order dated 08.12.2017 has been passed and no such objection was raised by the petitioner at that time and the application was allowed. I do not find any error apparent on the face of record

warranting exercise of review jurisdiction. It is accordingly dismissed. No cost(s).

SD/- (Sanjay K. Agrawal) Judge Priyanka