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PETITIONER: RUBY GENERAL INSURANCE CO. LTD.
Vs.
RESPONDENT: PEAREY LAL KUMAR AND ANOTHER.
DATE OF JUDGMENT: 25/02/1952
BENCH: FAZAL ALI, SAIYID BENCH: FAZAL ALI, SAIYID BOSE, VIVIAN
CITATION: 1952 AIR 119 1952 SCR 501 CITATOR INFO : RF 1962 SC1810 (4) R 1969 SC 488 (5) RF 1984 SC1072 (41) F 1985 SC1156 (45)
ACT: Indian Arbitration Act (X of 1940), s. 33--Arbitration clause--Whether dispute "arises out of agreement "--Tests--Plea that agreement is not applicable and does not subsist--No dispute about the existence or validity or meaning--Jurisdiction of arbitrator Application under s. 33--Maintainability.
HEADNOTE: The appellant company insured a car belonging to re- spondent No. 1 and issued a policy which contained, inter alia, the following terms :--"All differences arising out of this policy shall be referred to the decision of an arbitra- tor to be appointed by the parties.......... If the company shall disclaim liability to the insured for any claim here- under and such claim shall not within twelve calendar months from the date of such disclaimer have been referred to arbitration then the claim shall have been deemed to have been abandoned and shall not be recoverable." The car was lost, and the company through its Branch Manager disclaimed liability on three different dates. The insured...