Calcutta High Court
Vikram Solar Limited vs Ecgc Limited on 15 March, 2021
Author: Moushumi Bhattacharya
Bench: Moushumi Bhattacharya
ODC-5
CS/ 141/2019
IA NO: GA/1/2019 (Old GA/2664/2019),
GA/3/2021
IN THE HIGH COURT AT CALCUTTA
Ordinary Original Civil Jurisdiction
ORIGINAL SIDE
(Via Video Conference)
VIKRAM SOLAR LIMITED
Versus
ECGC LIMITED
BEFORE:
The Hon'ble JUSTICE MOUSHUMI BHATTACHARYA
Date : 15th March, 2021.
Appearance:
Mr.Zeeshan Haque, Adv.
Mr.Tirthankar Nandi, Adv.
Mr.Dhruba Ghosh, Sr. Adv.
Mr.Soumyajit Ghosh, Adv.
Mr.Jishnujit Roy, Adv.
The Court: This is an application by the plaintiff for adding two
issues to those already framed by an order dated 24th February, 2021.
Upon hearing learned counsel appearing for the defendant, this Court is of
the view that, since the first issue which the plaintiff now wants to be
added is similar to suggested issue no.1, let the said issue be added.
With regard to the second issue which the plaintiff wants to add,
since the second issue is also similar to the original issue no.8 as
suggested, let issue no.8 as initially suggested by the plaintiff be added to
the list of issues already settled. The following issues will hence be added:
2
1.Was the defendant aware of the nature of risks sought to be insured by the plaintiff when availing of the ETP Policy dated April 16, 2014 ?
2. Does the failure of the defendant to intimate the plaintiff regarding the non-inclusion of the shipments made by the plaintiff constitute a waiver of the defendant's right to challenge the claim of the plaintiff under the ETP policy dated April 16, 2014 in respect of Total Green Energy, Ireland ? Let the issue,
3. "Whether the suit is maintainable ?"
as suggested by the defendant also be added to the list of issues settled.
Let this order be made part of the order dated 24th February, 2021. As submitted by counsel, since inspection and discovery have been completed, let the Judge's Brief of Documents be filed within three weeks from date.
The plaintiff will get its witness for examination in chief on 12th April, 2021.
GA No. 3 of 2021 is disposed of in terms of the above order.
(MOUSHUMI BHATTACHARYA, J.) D.Ghosh