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2022 Supreme(Mad) 2264

SENTHILKUMAR RAMAMOORTHY
Thiruvannamalai Pothys, Rep. by its Proprietor Mr. K. Sekar, Thiruvannamalai – Appellant
Versus
United India Insurance Company Ltd. , Having Regs. Chennai – Respondent


Advocates appeared:
For the Plaintiff:M. Santhanaraman, M.R. Sivakumar, Advocates. For the Defendants:D1 & D2, M/s. Nageswaran & Narichania, D3, P.V. Ramachandran, Advocates.

JUDGMENT

(Prayer: The suit is filed under Order VI Rule 1 of O.S. Rules r/w Order VII Rule 1 of CPC to direct the Defendants to pay a sum of Rs.6,82,49,000/- together with future interest thereon @ 24% per annum from the date of plaint till the date of realization and for the costs of the suit.)

1. The suit was filed by the insured under a standard fire and special perils policy against the insurer for recovery of a sum of Rs.6,82,49,000/- with interest thereon at 24% per annum from the date of plaint till the date of realization.

2. The Plaintiff is a proprietary concern, represented by its proprietor, Mr.K.Sekar. The Plaintiff is engaged in the business of selling garments. The Plaintiff stated that its stocks-in-trade are purchased from suppliers either on cash and carry or credit basis, and that the monthly turnover is about Rs.25,00,000/-. For purposes of the above business, the Plaintiff established a showroom in Thiruvannamalai on 29.08.2012 in premises measuring about 7500 sq.ft. and consisting of three floors. According to the Plaintiff, garments were purchased and stocked in the said premises. The Plaintiff also incurred expenditure towards infrastructure such as false ceili

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