CIREX PHARMACEUTICALS PRIVATE LIMITED vs THE NEW INDIA ASSURANCE COMPANY LIMITED

Judgment text excerpt

F-J-CARAP-220-2024+.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION IN ITS COMMERCIAL DIVISION COMMERCIAL ARBITRATION APPLICATION NO. 220 OF 2024 Honour Lab Limited …Applicant Versus The New India Assurance Company Limited …Respondent WITH COMMERCIAL ARBITRATION APPLICATION NO. 240 OF 2024 Cirex Pharmaceuticals Private Limited …Applicant Versus The New India Assurance Company Limited …Respondent Mr. Akash Rebello, for the Applicant. Mr. Milind More, for Respondent. CORAM : SOMASEKHAR SUNDARESAN, J. RESERVED ON: SEPTEMBER 8, 2025 PRONOUNCED ON: SEPTEMBER 16, 2025 JUDGEMENT : Context and Factual Background: 1. These Applications have been filed under Section 11 of the Digitally signed by ASHWINI Arbitration and Conciliation Act, 1996 (‘‘the Act”) seeking appointment ASHWINI JANARDAN JANARDAN VALLAKATI VALLAKATI Date: 2025.09.17 10:54:13 +0530 of a Sole Arbitrator for resolving disputes under insurance policies Page 1 of 18 September 16, 2025 Ashwini Vallakati F-J-CARAP-220-2024+.doc issued by the Respondent in both proceedings. Since the core issue involved, namely, whether this Court has territorial jurisdiction in the matter, is the same in both Applications, by consent of the parties, they were heard together. 2. For purposes of this judgement, Commercial Arbitration Application No. 240 of 2024 is taken as the lead matter and all references are based on the filings made in those proceedings. The determination of the issue in the aforesaid Application would apply to the determination of the other Application as well. 3. The Respondent issued an Industrial All Risks Policy (“Policy”) dated April 4, 2019 to the Applicant. The Applicant’s industrial plant covered by the Policy is situated in Telangana. The Policy covered risks to the Appl