Supreme Court of India · 1952-02-25
RUBY GENERAL INSURANCE CO. LTD. vs PEAREY LAL KUMAR AND ANOTHER.
- Citation / case number
- SC 1951/64
- Court
- Supreme Court of India
- Petitioner
- RUBY GENERAL INSURANCE CO. LTD.
- Respondent
- PEAREY LAL KUMAR AND ANOTHER.
- Bench
- FAZAL ALI, SAIYID
Judgment text excerpt
The Supreme Court held that the dispute regarding the insurance claim arose out of the policy, thus falling under the arbitration clause as per Section 33 of the Indian Arbitration Act, 1940. The Court ruled that the arbitrator had jurisdiction to decide the matter, as there was no contention that the contract was void or non-existent. The Court clarified that the question of the arbitration agreement's applicability does not oust the arbitrator's jurisdiction, and since there was no dispute about the meaning of the arbitration clause, the application under Section 33 was not maintainable.