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2018 Supreme(Del) 693

VALMIKI J.MEHTA
Metro Exporters Private Limited – Appellant
Versus
United India Insurance Company Limited – Respondent


Advocates Appeared:
For the Plaintiff :Mr. Mohan M. Jayakar, Advocate with Mr. Ashwin Shete, Advocate, Mr. Javaid Muzaffar, Advocate, Mr. Harsh Moorjani, Advocate and Mr. Bharat Bagla, Advocate.
For the Defendant :Ms. Sunita Dutta, Advocate.

JUDGMENT :

VALMIKI J. MEHTA, J.

1. This suit being CS(OS) No.922/2004 is filed by the plaintiff Metro Exporters Pvt. Ltd. The sole defendant in the suit is United India Insurance Co. Ltd. By the suit plaintiff seeks a money decree for a total amount of Rs.79,38,613.02/-, i.e principal amount of Rs.76,70,056/- with interest at 18%. The present suit was originally filed in the Mumbai High Court but was thereafter transferred to this Court in terms of the order of the Supreme Court dated 23.1.2004 in Transfer Petition (Civil) Nos. 6 and 7 of 2001. This suit was transferred to this Court because the issues in this suit were connected with respect to various other suits which were pending in this Court. All the suits pertain to shipping of goods Ex-Singapore to different ports in India by two Ships OH DAI and MV AVERILLA. Both these ships allegedly sank, resulting in as per the plaintiffs in each of the suits, loss of the cargo. Therefore, various suits were filed by various owners/consignees of the goods which were shipped under the aforesaid two ships. The suits which are before t













































































































































































































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