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2004 Supreme(Bom) 272

S.J.VAZIFDAR
Jain Exports Private Ltd – Appellant
Versus
New India Assurance Co. Ltd – Respondent


JUDGMENT - Vazifdar S.J., J.:-The suit is filed to recover a sum of Rs. 3,84,019=08 ps. with interest under two insurance certificates issued by the defendant under an open cover policy. The plaintiff claim that the loss suffered by it arose as a result of the damage and short delivery of the cargo insured by it with the defendant under the two insurance certificate.

2.The plaintiff's case is that in July, 1978, it entered into two contracts with Doolan Steel Export Company, a company incorporated in U.S.A. for the purchase of defective C.R.C. sheets (hereinafter referred to as the "said goods"). In respect of both the contracts, the plaintiff informed the defendant that it had booked the said orders with Doolan Steel Export Company for the purchase of the said goods for the sum US$ 30,252.60 (equivalent to Rs. 2,42,757=28) and US$ 1,63,954/- (equivalent to Rs. 13,26,488=67). By its applications both dated 25th July, 1978, the plaintiff requested the defendant to issue an insurance policy covering the C. F. value, 50% profit and custom duty. The defendant pursuant to this request, issued an open cover policy bearing No. 256050177 in respect of the said consignments to be shipped


























































































































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