Calcutta High Court
Formerly Export Credit Guarantee Corp. ... vs Mittal Technopack Private Limited And ... on 24 November, 2023
Author: Rajarshi Bharadwaj
Bench: Rajarshi Bharadwaj
ORDER OD - 1
IN THE HIGH COURT AT CALCUTTA
CIVIL APPELLATE JURISDICTION
ORIGINAL SIDE
APO/246/2018
WITH
WPO/94/2015
ECGC LIMITED
[FORMERLY EXPORT CREDIT GUARANTEE CORP. OF INDIA]
VERSUS
MITTAL TECHNOPACK PRIVATE LIMITED AND ANR.
BEFORE:
The Hon'ble Justice SURYA PRAKASH KESARWANI
The Hon'ble Justice RAJARSHI BHARADWAJ
Date : 24th November 2023.
Appearance:
Mr. Dhruba Ghosh, Sr. Advocate
Mr. Soumyajit Ghosh, Advocate
Mr. Amitava Mitra, Advocate
Ms. Antara Choudhury, Advocate
... for appellant.
Mr. Soumya Majumder, Advocate
Mr. Debraj Sahu, Advocate
Ms. Susrea Mitra, Advocate
Mr. Abhijit Sarkar, Advocate
Ms. Abhipiya Sarkar, Advocate
... for respondents.
The Court:- Heard Sri Dhruba Ghosh, learned senior advocate, assisted by Sri Soumyajit Ghosh, learned counsel for the appellant/respondent and Sri Soumya Majumder, learned counsel, assisted by Sri Debraj Sahu, learned counsel for the respondents / writ petitioners.
This appeal arises from the judgment and order dated 27.01.2017 in WPO No.94 of 2015 [Mittal Technopack Private Limited and another v. ECGC 2 Limited] passed by the Learned Single Judge, whereby the order of the appellant/respondent rejecting the insurance claim of the respondents / writ petitioners was quashed and a direction was issued to pay the claim amount.
Submission advanced by the learned senior advocate on behalf of the appellant/respondent is that there is no dispute that the insurance policy of the respondents / writ petitioners contained a clause for payment of premium in four instalments, but the point of dispute is that the third instalment of Rs.2,27,500/- which fell due on 28.06.2012 was paid on 03.10.2012, whereas the shipment in question took place on 27.07.2012 and as such, the shipment in question was not covered under a valid policy. His contention is that in such circumstances, there being no valid policy for that particular period commencing from 28.06.2012 till the date of payment i.e. 03.10.2012, the claim in respect of shipment made on 27.07.2012 could not be allowed. He drew our attention to Section 64VB of the Insurance Act, 1938 to support his submission that payment of premium of insurance policy is a pre-condition for a valid policy to be enforced.
As prayed by learned senior advocate, list on 28.11.2023 at 10:30 AM for further hearing.
(SURYA PRAKASH KESARWANI, J.) (RAJARSHI BHARADWAJ, J.) s. kumar