Empee Sugars & Chemicals Ltd v. The New India Insurance Co.Ltd
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 22.11.2024 CORAM :
THE HONOURABLE MR. JUSTICE S.M.SUBRAMANIAM AND THE HONOURABLE MR. JUSTICE M.JOTHIRAMAN W.P.No.43564 & 43565 of 2002 Empee Sugars & Chemicals Ltd.
Rep.by its Managing Director, Mr.M.P.Purushothaman, 59, Harris Road, Pudupet, Chennai.
... Petitioner in both writ petitions Vs.
1.The New India Assurance Co. Ltd., 171, Thambu Chetty Street, Karnataka Bank Building, II Floor, Chennai 600 001.
2.Indian Bank, Ethiraj Salai Branch, Chennai 600 008.
... Respondents in both writ petitions 3.Bank of Maharashtra, Mount Road, Chennai 600 006.
4.Union Bank of India, Industrial Finance Branch, Chennai 600 007.
5.Federal Bank Ltd.
Chennai 600 002.
... Respondents in W.P.No.43564 of 2002
Prayer in W.P.No.43564 of 2002 : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in respect of the order dated 11.11.2002 and quash the same in so far as it denies the 25% of the assessed loss and other deductions being Rs.2,96,09,554/- towards the claim under Cyclone and Floods and consequentially direct the 1st respondent to pay the said sum of money together with interest as Rs.8,67,02,622/- at 18% per annum from 13.05.02 till payment in full.
Prayer in W.P.No.43565 of 2002 : Writ Petition filed under Article 226 of the Constitution of India, praying for the issuance of Writ of Certiorarified Mandamus, to call for the records on the file of the 1st respondent in respect of the order dated 11.11.2002 and quash the same in so far as it denies the 25% of the assessed loss and other deductions being Rs.47,04,707/- towards the claim under Cyclone and Floods and consequentially direct the 1st respondent to pay the said sum of money together with interest as Rs.1,63,64,197/- at 18% per annum from 13.05.02 till payment in full.
In W.P.No.43564 of 2002 For Petitioner : Mrs.Rita Chandrasekaran for M/s.Aiyar and Dolia For R1 : Mr.M.B.Raghavan for M/s.M.B.Gopalan & Associates For R2, R3 & R5 : No appearance For R4 : Mr.A.V.Arun for Mr.M.A.Arunesh In W.P.No.43565 of 2002
For Petitioner : Mrs.Rita Chandrasekaran for M/s.Aiyar and Dolia For R1 : Mr.M.B.Raghavan for M/s.M.B.Gopalan & Associates For R2 : No appearance COMMON ORDER (Order of the Court was made by S.M.SUBRAMANIAM, J.) The learned counsel for the first respondent Mr.M.B.Raghavan would submit that the insurance claim has already been settled in full and the cause did not exist.
2.Thus, no further adjudication is required and the writ petitions stand disposed of as infructuous. No Costs.
[S.M.S., J.] [M.J.R., J.] 22.11.2024 sli Index :
Yes/No Speaking Order :
Yes/No :
Yes/No
S.M.SUBRAMANIAM, J.
AND M.JOTHIRAMAN, J.
sli To 1.The New India Assurance Co. Ltd., 171, Thambu Chetty Street, Karnataka Bank Building, II Floor, Chennai 600 001.
2.Indian Bank, Ethiraj Salai Branch, Chennai 600 008.
3.Bank of Maharashtra, Mount Road, Chennai 600 006.
4.Union Bank of India, Industrial Finance Branch, Chennai 600 007.
5.Federal Bank Ltd.
Chennai 600 002.
22.11.2024