The New India Assurance v. M/S Swiss Park Vanija (P) Ltd

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(APPELALTE JURISDICTION) MONDAY THE THIRD DAY OF JANUARY TWO THOUSAND AND TWENTY TWO PRESENT THE HONOURABLE MR.JUSTICE T.RAJA and THE HONOURABLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY O.S.A.No.283 of 2018 1.The New India Assurance Company Ltd.

rep. by its Divisional Manager, Divisional Officer:710300, No.603, Anna Salai, Chennai-6.

2.The New India Assurance Company Ltd., rep. by its Regional Manager, 2nd Floor, B-Block "Mac Milan House", No.21, Pattulos Road, Chennai-6.

.. Appellants Vs.

M/s.Swiss Park Vanijya (P) Ltd., rep. by its General Manager, No.167, St. Marry's Road, Alwarpet, Chennai-18.

.. Respondent Prayer : Original Side Appeals filed under Order XXXVI Rule 1/11 of O.S. Rules r/w Clause 15 of Letters Patent against the Judgment and Decree dated 03.01.2018 and made in the exercise of the ordinary Original Civil Jurisdiction of the High Court in C.S.No.857 of 2013.

Decree : The Original Side Appeal coming on for hearing on this day and upon perusing the grounds of Appeal, the judgment and decree and made in the exercise of the ordinary Original Civil Jurisdiction of the High Court in C.S.No.857 of 2013 and all other papers material to this case and upon hearing the arguments of Mr.V.Ganesan, Advocate for the Appellant and of Mr.Vinodkumar, Advocate for the respondent and this Court doht order and decree as follows:

i) that the judgment and decree of the Original Side of this Court dated 03.01.2018 and passed in the exercise of the ordinary Original Civil Jurisdiction of the High Court in C.S.No.857 of 2013 be and hereby is confirmed and this Original Side appeal is dismissed;

ii) that the appellant do pay Rs.50,000/-(Rupees Fifty Thousand only) to the respondent.

Sd/- Assistant Registrar(CS-I) //True copy// Sub Assistant Registrar To The Sub Assistant Registrar, Original Side, High Court, Chennai-104.

+2ccs to Mr.Vinodkumar, Advocate SR.No.62, 63 +2ccs to Mr.Asok Rajaraaman, Advocate SR.No.85, 86 DATED : 03/01/2022 DECREE :

O.S.A.No.283 of 2018 Dismissing the Original Side Appeal preferred against the judgment and decree of the High Court dated 03.01.2018 in C.S.No.857 of 2013.

PVS(CO) GMY(06/06/2022)