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2019 Supreme(Del) 1217

VALMIKI J.MEHTA
BAJAJ ALLIANZ GENRAL INSURANCE CO LTD. – Appellant
Versus
VIJAY SHAH – Respondent


Advocates Appeared:
Neerja Sachdeva, Adv.

JUDGMENT :

Valmiki J. Mehta, J.

Cm No. 7050/2019 (Exemption)

1. Exemption allowed subject to just exceptions.

CM stands disposed of.

CM Nos. 7049/2019 (delay in filing) & 7052/2019 (delay in refiling)

2. For the reasons stated in the applications, delays in filing and re-filing are condoned, subject to just exceptions.

CMs stand disposed of.

RFA No. 132/2019 & CM No. 7051/2019 (stay)

3. This Regular First Appeal under Section 96 of the Code of Civil Procedure, 1908 (CPC) is filed by the defendant no.1/ insurance company in the suit impugning the Judgment of the trial court dated 29.01.2018 by which the trial court has decreed the suit filed by the plaintiff/insured for a sum of Rs. 7,64,440/- along with interest at 6% from the date of the decree till realization. The suit has been decreed on account of the insured goods having been lost during the course of transit/transportation, and during the currency period of the insurance policy.

4. The facts of the case are that the respondent no. 1/plaintiff is carrying on business in the name and style of M/s Lucky Chemical Corporation. Respondent no. 1/plaintiff placed an order of supply of Industrial Solvent (Chemical) with the respondent no. 3/de



























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