Adama India Private Limited v. Iffco Tokio General Insurance Company Limited

jsn LP No.85_2015

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL SIDE JURISDICTION LEAVE PETITION NO.85 OF 2015 IN SUIT (L.) NO.380 OF 2015 Adama India Pvt. Ltd.

...

Petitioner Vs.

Iffco-Tokio General Insurance Co. Ltd.

...

Respondent Mr. Rohan Cama, Adv. a/w. Shruti Maniar, Adv. a/w. Jonathan Jose, Adv. i/b. M/s. Solomon & Co. for the petitioner. CORAM : MRS. ROSHAN DALVI, J.

DATE : 6 th May, 2015.

P.C. :

1.

The contract of insurance between the parties Exh.C to the plaint has been signed in Hyderabad. The servicing office of the defendant is in Hyderabad. The plaintiff, as the insurer, has its office in Hyderabad. The location of risk under the contract is in Hyderabad.

2.

The plaintiff would be entitled to bodily injury or property damage which could be claimed under the insurance contract. The plaintiff has claimed for property damage being the damage to the certain crops at various places. The contractual liability under clause 2b is, therefore, for property damage. The plaintiff has claimed compensation for damaged crop and other expenses as also the loss incurred by the plaintiff. The plaintiff has claimed the total amount payable by the defendant to the plaintiff at Rs.50.63 Crores. The amount that would be payable by the defendant to the plaintiff either fully as per the particulars of claim Exh.QQ or partly would, therefore,

jsn LP No.85_2015 be payable in Hyderabad. That is the place where the material part of the cause of action has arisen. The other parts of the cause of action have also arisen in Hyderabad.

3.

No amount is payable in Mumbai and no property damage has occurred in Mumbai. This Court has no territorial jurisdiction at all.

4.

The plaintiff applies for withdrawal of the plaint for filing it in proper Court. The plaint is allowed to be withdrawn. 5.

The Leave Petition stands disposed of accordingly. ( ROSHAN DALVI, J. )