Desmet Reagent Pvt Ltd vs Hdfc Ergo General Insurance Co Ltd ...
2023 Latest Caselaw 1612 Cal/2

OCD-4
                                ORDER SHEET

                      IN THE HIGH COURT AT CALCUTTA
                       Ordinary Original Civil Jurisdiction
                                ORIGINAL SIDE
                             (Commercial Division)

                                 CS/265/2019

                     DESMET REAGENT PVT LTD
                                VS
            HDFC ERGO GENERAL INSURANCE CO LTD AND ORS

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : 18th July, 2023.
                                                                       Appearance:
                                                    Ms. Somali Bhattacharjee, Adv.
                                                                  ..for the plaintiff

                                                         Ms. Anjana Banerjee, Adv.
                                                          ..for the defendant No. 1


         The Court: Counsel for the respective parties are present.

         Counsel for the defendant has filed affidavit of documents. Let the

same be kept with record.

         Both the parties have filed their suggested issues.

         After considering the suggested issues, pleadings and submissions

made by the Counsel for the respective parties, the following issues are

framed :-

                                -: I S S U E S :-



    1.

Whether the Marine Cargo Insurance Policy No.

24152022266998300000 dated June 13, 2018 issued by the

defendant No.1 against valuable consideration amounting to USD

117600 is binding and obligatory upon the defendants?

2. Whether the plaintiff is entitled to the entire sum assured under

the Marine Cargo Insurance Policy No. 24152022266998300000

issued by the defendant No.1 on 13th June, 2018?

3. Whether the purported contents of the letter issued by the

defendant No.1 on 28th February, 2019 are false and/or mala fide

and/or inoperative in the facts of the case?

4. Whether the electronic mail dated August 14, 2018 issued by the

defendant No.2 has any implication or relevance to the application

of the plaintiff for settlement of claim against loss of cargo under

the Marine Cargo Insurance Policy No. 24152022266998300000

dated June 13, 2018?

5. Whether the plaintiff is entitled to a payment for principal amount

of Rs.1,08,31,160/- from the defendant No.1?

6. Whether the plaintiff is entitled to interest pendente lite and

interest upon judgment as against the defendants?

7. To what other and further relief is the defendant entitled?

8. Whether the plaintiff is entitled to any further and other reliefs?

Counsel for the plaintiff is directed to file Judge's Brief of

Documents within two weeks.

Let the matter appear on 10th August, 2023 for witness action.

(KRISHNA RAO, J.)

Sbghosh