1 arbap60-09 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION ARBITRATION APPLICATION NO.60 OF 2009 NRC Limited ....Applicant V/s. Reliance General Insurance ....Respondent Mr.Satish Shah with Ms.Gauri Gandhi i/b Vigil Juris for the Applicant. None for the Respondent. CORAM : S.J. VAZIFDAR, J. DATE : 16TH SEPTEMBER, 2010. P.C. :- 1. The arbitration application has been filed under section 11 of the Arbitration and Conciliation Act, 1996. 2. The respondent had issued a cover note dated 3.4.2006 in respect of a special contingency policy. The special condition mentioned therein was to the effect that the coverage “is concurrent with the policy issued by National Insurance Co. Ltd. for the same wording and same period.” 3. The National Insurance Co. Ltd. had also issued a policy in favour of the applicant which contains an arbitration clause. 4. Subsequently the respondent issued a special contingency policy. Condition 13 thereof contains an arbitration agreement whereunder only a dispute as to the quantum can be referred to arbitration. 5. Loss and damage was caused to the plant, machinery and 2 arbap60-09 stock on account of unrest at its works. The petitioner called upon the respondent to make payment under the said policy for the losses/damages suffered on account thereof. The respondent paid a sum of Rs.45,467/- under the policy but disputed its liability to pay the entire amount. It is important to note that the National Insurance Co. Ltd. had forwarded their cheque in the sum of Rs.98,91,029/- under the policy issued by it. There is therefore a dispute as to the quantum payable. 6. The arbitration application is accordingly disposed of by appointing Mr.K.C. Mittal (Retired Chairman GIC of India) and Mr.M.P. Rao, a Senior Advocate of this Court as arbitrators. Both the arbitrators shall appoint a presiding arbitrator and proceed with the reference.