JUDGMENT :

Neena Bansal Krishna, J.

I.A.11184/2021 (For Rejection of Plaint)

1. An application under Order VII Rule 11 read with Section 151 Code of Civil Procedure (hereinafter referred to as “CPC”) has been filed on behalf of defendant No.1 National Insurance Co. Ltd. for rejection of the plaint.

2. It is submitted in the application that the plaintiff has filed a suit for Declaration, Mandatory and Prohibitory Injunction against the defendants, whereby the plaintiff has sought that the Letter of Repudiation dated 19th November, 2015 issued by defendant No.1 rejecting the Insurance claim of Defendant No.3 and Statutory Surveyor Report dated 19th August, 2014 of the Surveyor/ defendant No.2 be declared as wrong, invalid, erroneous, null and void.

3. It is submitted that defendant No.3 Bharat Heavy Electrical Limited had obtained a Comprehensive Project Insurance Mega Policy bearing No. 350600/44/08/5050000011 from Defendant No.1 National Insurance Co. Ltd. for insuring the Goods during transportation by the plaintiff who is the Transporter. During transit, the goods/“Generator Stator” got damaged due to collapse of bridge. Upon receipt of intimation from defendant No.3 regarding damage