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february 1952

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.

RUBY GENERAL INSURANCE CO. LTD. vs PEAREY LAL KUMAR AND ANOTHER. · Niyam