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IN THE HIGH COURT OF KERALA AT ERNAKULAM
C. PRATHEEP KUMAR, J
CENTRAL BANK OF INDIA CHELAVOOR BRANCH, KOZHIKODE – Appellant
Versus
SMT.LATHA SUSAN CHERIAN – Respondent
| Table of Content |
|---|
| 1. claim for damages due to negligence in renewing insurance policy. (Para 2) |
| 2. discussion on limitation and claims against the insurer. (Para 4 , 6) |
| 3. court's observations on evidence regarding insurer's liability. (Para 5 , 7 , 9) |
| 4. remand for fresh disposal allowing amendment. (Para 10) |
| 5. final directive for trial court to expedite proceedings. (Para 11) |
JUDGMENT
Dated : 23rd July, 2025 The 1st defendant in O.S.349/2008 on the file of the 1st Additional Sub Court, Kozhikode, is the appellant. (For the purpose of convenience, the parties are hereafter referred to as per their rank before the trial court.)
2. The plaintiff filed this suit for damages. The plaintiff is the proprietor of M/s.C.V. Flour and Oil Mills. He had availed an open cash credit facility from the 1st defendant/bank against hypothecation of stock of copra, coconut oil and coconuts stored at his business premises. Originally the cash credit facility was for Rs.7,75,000/- and later on it was enhanced to Rs.15,00,000/-. The hypothecated goods were insured with the 2nd defendant, the New India Assurance Co.Ltd. According to the plaintiff, on behalf of the plaintiff, it was the 1st defendant/bank who ha
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