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2006 Supreme(SC) 733

MARKANDEY KATJU, C.K.THAKKER
Manalal Prabhudayal – Appellant
Versus
Oriental Insurance Co. LTD. – Respondent


JUDGMENT

C.K. Thakker, J. — Delay condoned.

2. Leave granted.

3. The present appeals arise out of an order dated January 21, 2004 passed by the High Court of Orissa at Cuttack in ARBA No. 20 of 2003 and an order dated August 3, 2004 passed in Review Petition No. 11 of 2004. By the said orders, the High Court partly allowed the appeal filed by the Oriental Insurance Co. Ltd. - respondent herein and reduced the rate of interest from 12 per cent per annum to 6 per cent per annum with effect from September 19, 1995, that is, from the date of the award passed by the arbitrator till the date of deposit of amount in the court. (A review petition, being R.P. No. 11 of 2004 filed by the appellant was also dismissed by the High Court on August 3, 2004).

4. The facts relevant for the purpose are that the appellant herein is a partnership firm and is having its shop in Bhubaneswar. It was insured with respondent-Insurance Company. Insurance policy was taken by the appellant in the year 1991 which was continued from time to time. The insurance coverage was to the tune of Rs. 1,50,000/- (rupees one lakh fifty thousand only). It was the case of the appellant that due to communal riots in Bhubaneswa


















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