PNB MetLife India Insurance Company Limited vs Ms Fine Four Insurance Corporate Agency Pvt. Ltd.

COMMERCIAL ARBITRATION PETITION NO.216 OF 2025 PNB MetLife India Insurance Company Ltd. ....Petitioner V/S Authentic Insurance Brokers India Limited & Ors. ....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.1072 OF 2025

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PNB MetLife India Insurance Company Ltd.	....Petitioner
V/S
Stareureka Insurance Marketing Private Ltd. & Ors.	....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.28 OF 2026

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PNB MetLife India Insurance Company Ltd.	....Petitioner
V/S
Choice Insurance Broking India Pvt. Limited & Ors.	....Respondents

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WITH COMMERCIAL ARBITRATION PETITION NO. 698 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
Jainco International Pvt. Limited & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.552 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
Insuregram Insurance Brokers Pvt. Limited & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.1115 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
Globe Master IMF Pvt. Limited & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.163 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
MS Efficient Insurance Brokers Private Limited & Ors. ....Respondents katkam Page No. 2 of 10

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WITH

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COMMERCIAL ARBITRATION PETITION NO.844 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S M/s. Instapolicy Insurance Broking Pvt. Limited & Ors. ....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.694 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S

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M/s. Anashvision Insurance Marketing Private Ltd.& Ors.....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.340 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S M/s. Sridhar Insurance Brokers Private Limited & Ors. ....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.339 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S M/s. Inditrade Insurance Broking Private Limited & Ors.....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.365 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S

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M/s. Grovalue Insurance Brokers Private Limited & Ors.....Respondents

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WITH

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COMMERCIAL ARBITRATION PETITION NO.338 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S M/s. Transcendent E Solutions Insurance Marketing Private Limited & Ors. ....Respondents katkam Page No. 3 of 10

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WITH COMMERCIAL ARBITRATION PETITION NO.228 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
M/s. Insure First Insurance Brokers LLP & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.159 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
Way2Safe IMF Private Limited & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.241 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
M/s. Sansom Insurance Brokers Private Limited & Ors. ....Respondents WITH COMMERCIAL ARBITRATION PETITION NO.319 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
M/s. GroupFit Insurance Brokers Pvt. Limited & Ors. ....Respondents WITH COMMERCIAL ARBITRATION PETITION NO.696 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
M/s. Divya Apparels Private Limited & Ors. ....Respondents
WITH COMMERCIAL ARBITRATION PETITION NO.291 OF 2025
PNB MetLife India Insurance Company Ltd. ....Petitioner V/S
M/s. Easy Life Initiative IMF Private Limited & Ors. ....Respondents
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WITH

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COMMERCIAL ARBITRATION PETITION NO.568 OF 2025

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PNB MetLife India Insurance Company Ltd. ....Petitioner V/S

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Swastika Insurance Broking Services Limited & Ors. ....Respondents

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Mr. Tejas Gupta with Mr. Ravi Upadhyay and Ms. Sunita Nandi i/b DM Legal Ventures for the Petitioner in all CARBPs.

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Ms. Nikhita Mathuria i/b Cygnus Legal for Respondents in CARBP No.216 of 2025.

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Mr. Sandeep Barve with Mr. Aman Meher i/b B.K. Barve & Co. for Respondents in CARBP No.339 of 2025.

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CORAM : SANDEEP V. MARNE, J. DATE : 6 APRIL 2026.

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P.C.:

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These are Petitions filed by the Petitioner-Insurance Company under Section 9 of the Arbitration and Conciliation Act, 1996 ( the Arbitration Act ) seeking interim measures before commencement of the arbitral proceedings.

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I have heard Mr. Gupta, the learned counsel appearing for the Petitioner, Ms. Mathuria, the learned counsel appearing for the Respondents in Commercial Arbitration Petition No.216 of 2025 and Mr. Barve, the learned counsel appearing for the Respondents in Commercial Arbitration Petition No.339 of 2025.

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Petitioner is an Insurance Company, who had appointed Respondents as its Agents for selling the insurance policies. Corporate Agency Agreements were executed between the Petitioner and Respondents, under which Respondents were to be paid commissions in respect of sale of each of the insurance policies. Petitioner relies on a clause in each of the Agreements which provides for refund of commission paid to the Respondents in the event of Petitioner-Company requiring to refund the policy premium and return the policy to any customer. It is the case of the Petitioner that it received numerous complaints from its customers about misrepresentations made by Respondents/Agents while selling insurance policies. It is Petitioner’s case that the customers were promised benefits not admissible under the policies on account of which several thousands of complaints were filed against the Agents. According to the Petitioner, it has accordingly refunded the premium amounts to the customers and the concerned policies have been cancelled. Since policies are cancelled and the premium is returned, according to the Petitioner, it is entitled to receive from Respondent-Agents the entire amount of commission paid in respect of such cancelled policies.

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As of now, the Petitions are silent about the exact policies which are cancelled and premium amounts refunded to the customers. Petitioner will have to prove liability of Respondents to refund the commission amount.

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Each of the Petitions contain following prayers:

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a) this Hon'ble Court be pleased to direct the Respondents to pay an amount of Rs. 4,71,485/- (Rupees Four Lakhs Seventy One Thousand Four Hundred and Eighty Five Only) along with interest @ 12% p.a. from 21" July 2023 till the date of payment and/or realisation;

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(b) that pending the Arbitral proceedings, making of the Arbitral Award and until final execution of the Arbitral Award, the Respondents, their agents/s, servant/s, and any third person/s claiming through them be restrained by an order of injunction of this Hon'ble Court from in any manner disposing of or transferring or creating any third party rights in any assets, property, or funds that are subject to the claim, thereby ensuring that the assets remain available for satisfying the eventual award;

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(c) for such other and further orders as may be deemed necessary in the facts and circumstances of the present case.”

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Thus, Petitioner is seeking almost a final relief for payment of entire amount of commission by the Respondent-Agents alongwith interest. Thus, final relief is sought to be prayed by way of interim measures in a Section 9 Petition. Faced with this situation, the learned counsel appearing for the Petitioner submits that Petitioner would be satisfied if Respondents are directed to deposit the amounts of commission in the Court. Thus, the direction is sought in the nature of attachment before judgment. In the facts of the present case, Petitioner has failed to make out any case for making an order akin to attachment for judgment. Petitioner will have to prove its right to recover the commission amount from the Respondent-Agents. In the event Petitioner is successful in securing Awards against the Respondents in the arbitral proceedings, the same can be enforced by the Petitioner

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against Respondent-Agents. As of now, no case is made out for making any urgent interim measures under Section 9 of the Arbitration Act. As and when Arbitral Tribunal is constituted, it would be open to the Petitioner to pray for appropriate interim measures before the Arbitral Tribunal. In that view of the matter, I am not inclined to grant any interim measures at this juncture in Section 9 Petition.

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In Commercial Arbitration Petition Nos.216 of 2025 and 339 of 2025 Ms. Mathuria and Mr. Barve have consented for Arbitration by admitting existence of arbitration agreement. Accordingly, in those two Petitions, Arbitral Tribunal comprising of a sole Arbitrator can be constituted. The Petitioner would be at liberty to seek appointment of Arbitrator in the rest of the Petitions by filing Applications under Section 11 of the Arbitration Act.

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8. Accordingly, I proceed to pass the following order:

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A) The Petitioner’s prayers for interim measures are not granted at this juncture. Petitioner shall however be at liberty to press for appropriate interim measures before the Arbitral Tribunal as and when constituted.

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B) In Commercial Arbitration Petition Nos.216 of 2025 and 339 of 2025, Ms. Shreya Parekh, an Advocate of this Court is appointed as sole Arbitrator to adjudicate upon the disputes and differences between the parties arising out of the Agreement for Settlement of Disputes referred to above. The contact details of the learned sole Arbitrator are as under:

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Office Address:908, Arcadia, NCPA Marg, Nariman Point, Mumbai – 400 021. Mobile No.: 97735 96086 E-mail ID:[email protected]

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C) A copy of this order be communicated to the learned sole Arbitrator by the Advocates for the Petitioner within a period of one week from the date of uploading of this order. The Petitoner shall provide the contact and communication particulars of the parties to the Arbitral Tribunal alongwith a copy of this order.

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D) The learned sole Arbitrator is requested to forward the statutory Statement of Disclosure under Section 11(8) read with Section 12 (1) of the Arbitration Act to the parties within a period of two weeks from receipt of a copy of this order.

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E) The parties shall appear before the learned sole Arbitrator on such date and at such place as indicated by her, to obtain appropriate direction with regard to conduct of the arbitration including fixing a schedule for pleadings, examination of witnesses, if any, schedule of hearings etc.

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F) The learned sole Arbitrator shall be entitled to the fees prescribed under the Bombay High Court (Fee Payable to Arbitrators) Rules, 2018 and the arbitral costs and fees of the learned sole Arbitrator shall be borne by the parties in equal portion and shall be subject to the final Award that may be passed by the Tribunal.

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