J.B.PARDIWALA, VAIBHAVI D.NANAVATI
NATIONAL INSURANCE CO. LTD. – Appellant
Versus
SHREENATH INDUSTRIES – Respondent
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:
K. N. Guruswamy vs. State of Mysore and others [AIR 1954 SC 592 : 1954 SCJ 644 : (1955) 1 SCR 305
Basheshar Nath vs. Commissioner of Income-tax
State of Madhya Pradesh and another vs. Thakur Bharat Singh
Style (Dress Land) vs. Union Territory
Whirlpool Corporation v. Registrar of Trade Marks
Ramana Dayaram Shetty vs. The International Airport Authority of India and others [AIR 1979 SC 1628]
United India Insurance Co. Ltd. vs. Harchand Rai Chandan Lal (2004) 8 SCC 644
Suraj Mal Ram Niwas Oil Mills (P) Ltd. vs. United India Insurance Co. Ltd. [(2010) 10 SCC 567]
Oriental Insurance Co. Ltd. v. Sony Cheriyan AIR 1999 SC 3252
Polymat India P. Ltd. v. National Insurance Co. Ltd.
M/s. Sumitomo Heavy Industries Ltd. v. Oil & Natural Gas Company
Rashtriya Ispat Nigam Ltd. v. M/s. Dewan Chand Ram Saran AIR 2012 SC 2829)
Vikram Greentech (I) Ltd. and another vs. New India Assurance Co. Ltd. [AIR 2009 SC 2493]
Sikka Papers Limited v. National Insurance Company Ltd & Ors. AIR 2009 SC 2834)
United Indian Insurance v. MKJ Corporation (1996) 6 SCC 428
Oriental Insurance v. Ozma Shipping (2009) 9 SCC 159
Biman Krishna Bose v. United India Insurance (2001) 6 SCC 477
General Assurance Society v. Chandmull Jain AIR 1966 SC 1644
United India Insurance v. Pushpalaya Printers (2004) 3 SCC 694
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