R.K.BATTA, VINAY KUMAR
Patel Shanabhai Darubhai & Co. – Appellant
Versus
Oriental Insurance Co. Ltd. – Respondent
Vinay Kumar Member—The Complainant in this Original Petition is a registered partnership firm, in business as a grain merchant. The petition relates to a transaction of import of 188.613 tons of pigeon peas from a seller in Singapore, but this consignment was actually loaded in Myanmar and was being shipped to India. A significant part of the goods carried in this ship, “M V Jaipur” could reportedly not be unloaded due to certain problems relating to their condition. Eventually the vessel “M V Jaipur”, flying Singapore flag, had itself to be auctioned. The incident pertains to the year 1998. The Complainant M/s. Patel Shanabhai Darubhai & Company (herein after referred to as the Complainant) claims interest in this consignment through a transaction of High Sea sale between its original purchaser M/s. Ranchhodray Pulse Mills, Vasad (hereinafter referred to as RPMV) and the Complainant.
2. The case of the Complainant is that the consignment was purchased by his vendor M/s. RPMV on 11.04.1998 from his seller in Singapore. The Consignment was loaded from Yangon Port in Myanmar for India. M/s. RPMV had insured this consignment with the Opposite Party for ‘ 24.5 lacs under a
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