ORDER

A.P. Sahi, President—The Complainant is a Pharmaceutical Public Limited Company engaged in the business of manufacturing and trading pharmaceutical products of different descriptions. The complaint arises out of a denial of the liability by the Insurance Company in respect of the loss suffered and claim raised by the Complainant which has not been formally repudiated.

2. Ld. Counsel for the Respondent-Insurance Company insisted that at internal page of Para 1 of the Rejoinder filed by the Complainant, it has been stated that the claim has been repudiated through some letter and therefore in the absence of any action/objection raised to such repudiation letter, the complaint cannot proceed. He raises this technical argument, but at the same time has been unable to point out the existence of any repudiation letter from the records or otherwise. The argument therefore begs the question itself and hence appears to be unsustainable in as much as if the Rejoinder of the Complainant incorrectly states about repudiation taking the formal shape of a letter, no advantage can be taken of, as a fact not in existence cannot be presumed to exist on the argument of the Ld. Counsel for the I