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A. P. SAHI
Sahara Hospitality Ltd. – Appellant
Versus
National Insurance Co. Ltd. – Respondent


Counsel for the Partis:
For the Complainant:Mr. Sandeep Bajaj, Mr. Vipul Jai and Ms. Vasudha Chadha, Advocates
For the Opp. Party:Mr. Yogesh Malhotra and Mr. Sushant Kishore, Advocates

ORDER

A.P. Sahi, J. (President)—This complaint was heard on 16.10.2023 and again on 26.10.2023 when inal arguments proceeded and the judgment was reserved on 3.11.2023 when the Ld. Counsel for the parties finally concluded their arguments supported by their Written Submissions and the Judgments relied upon by them. However, in order to reduce the narration of facts in this judgment, the same which came to be recorded on two previous occasions are extracted hereinunder. The Order dated 16.10.2023 records the initial submissions of the Learned Counsel for the parties which are as follows—

“Heard learned Counsel for the Complainant and learned Counsel for the Opposite Parties.

The dispute relates to an Insurance claim arising out of an incident on 11.06.2008 stated to have occurred between 02.45 p.m. to 03.35 p.m. It is stated that a temporary structure covered with tarpaulin was blown off on account of certain high wind speeds that fell on the dome of the insured structure causing damage which has given rise to the claim.

The question which arises for consideration after having heard the learned Counsel, can be clearly located to the repudiation by the Insurance Company which pr

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