Formerly Export Credit Guarantee Corp. ... vs Mittal Technopack Private Limited And ...
2023 Latest Caselaw 3194 Cal/2

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

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