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1997 Supreme(Del) 889

ARUN B.SAHARYA, S.N.KAPUR
RAMSONS SOUTHEND – Appellant
Versus
DIVISIONAL MANAGER, NEW INDIA ASSURANCE COMPANY LIMITED: – Respondent


Advocates Appeared:
B.R.SABHARWAL, KAMAL MEHTA, RAJIV NAYAR, Y.D.NAGAR

S. N. Kapoor

( 1 ) THIS Regular First Appeal is directed against judgment anddecree dismissing suit for recovery of Rs. 64,900. 00 for loss occasioned on account ofburglary. The suit has been dismissed solely on the finding on the issue: "whetherthe suit is barred by time?" in affirmative.

( 2 ) THE plaintiff/appellant, a registered partnership firm, is an authoriseddealer of M/s. Raymond s Woolen Mills Ltd. , having their showroom at C- 1/agreen Park Extension. It had procured multi-peril insurance policy No. 7512100791for the period 8. 11. 82 to 8. 11. 83 from the defendants/respondents in the sum of Rs. 2 lakhs to cover losses on account of (a) fire, lightening; (b) riot and strike; or (c) theftor any attempt thereof. According to the appellant, there was a burglary or theft inthe evening of 16. 4. 83 at about 5. 15 p. m. at the above said shop of the plaintiff. Theburglars/culprits opened the door of the shop violently and forcibly and threatenedthe employees and customers of the plaintiff of dire consequences in case anybodymoves from his place. They were carrying revolver and knives and few had coveredtheir faces with clothes. They even beat the employee and customers. After t


































































































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