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2021 Supreme(Guj) 826

J.B.PARDIWALA, VAIBHAVI D.NANAVATI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SHREENATH INDUSTRIES – Respondent


Advocates Appeared:
For the Appellant : MS MEGHA JANI
For the Respondent: MR DHAVAL DAVE, MR KALPESH D PARIKH, MR. SHAIVAL K SHELAT, MR AJAY R MEHTA

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in all the captioned three appeals are interrelated and the parties are also the same, those were take up for hearing analogously and are being disposed of by this common judgement and order.

2. We first start with the Letters Patent Appeal No.1070 of 2016.

3. This appeal under Clause 15 of the Letters Patent is at the instance of the original respondents Nos.1, 2 and 3 respectively of a writ application filed by the respondent No.1 herein (original writ applicant) and is directed against the judgement and order passed by a learned Single Judge of this Court dated 8th September 2016 in the Special Civil Application No.8516 of 2005, by which the learned Single Judge allowed the writ application directing the appellants to pay an amount of Rs.25,43,000/- towards the insurance claim put forward by the original writ applicant.

4. The facts giving rise to this appeal may be summarized as under:

5. The original writ applicant filed the Special Civil Application No.8516 of 2005 seeking the following reliefs:

    “(A) issue a writ of mandamus or any other writ, direction and/or order in the nature of mandamus declaring the communication intimat

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