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1990 Supreme(Del) 74

SUNANDA BHANDARE
NIBRO LIMITED – Appellant
Versus
NATIONAL INSURANCE COMPANY LIMITED – Respondent


Advocates Appeared:
A.K.Malhotra, P.B.AGRAWAL, P.P.MALHOTRA, S.C.Malik Sayeed Uddin, VASUDHA INDURKAR

SUNANDA BHANDARE, J.

( 1 ) THIS suit for recovery of Rs. 7,40,606. 65 together with costs and interest has been filed H by the plaintiff against the defendant-National Insurance Company Limited. The plaintiff is a company incorporated under the Indian Companies Act, 1956 having its registered office at E-5 Hauz Khas, New Delhi. The plaint has been signed and instituted by one Shri G. Jhajharia who claims to be the Director and principal officer of the plaintiff company authorised to sign the plaint and institute the suit. The defendant is a nationalised company.

( 2 ) THE plaintiff has a factory at Delhi Road, Gurgaon, Haryana. It is stated in the plaint that the factory of the plaintiff was insured by the defendant since 1973 against, theft, fire, damages etc. from time to time under the policies taken by the plaintiff. The plaintiff with a view to re-insure its factory requested Shri Dilip Bhattacharjee, the Development Officer of Division No. II of the defendant to visit and inspect the premises. Accordingly, Shri Dilip Bhattacharjee visited the factory of the plaintiff on 31st May 1982 and agreed to insure the factory building, goods and raw-material against theft, fire, damage




























































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