General Insurance Corporation Of India vs H.T.Media Ltd on 9 January, 2019

[Cites 1, Cited by 1]

Bombay High Court

General Insurance Corporation Of India vs H.T.Media Ltd on 9 January, 2019

Bench: K.R.Shriram

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            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                ORDINARY ORIGINAL CIVIL JURISDICTION

                                   SUIT NO.377 OF 2017
General Insurance Corporation of India   )....Plaintiff
       V/s.
H.T.Media Ltd.                           )....Defendant
                                ----

Mr.V.Y.Sanglikar for plaintiff.

Ms.Kathleen Lobo, Ms.Aastha Arora I/by Khaitan & Co. for defendant.

----

CORAM : K.R.SHRIRAM,J DATE : 9.1.2019 P.C.:-

1. Heard the counsel and the following issues arise in the suit.

ISSUES (1) Whether defendant proves that the plaint does not disclose any cause of action and hence required to be rejected under Order VII Rule 11 of the Code of Civil Procedure, 1908 ?

(2) Whether plaintiff proves that defendant failed to take due care of the written test conducted by defendant on 1.3.2015 ?

(3) If answer to issue no.2 is in the affirmative, whether plaintiff proves that plaintiff had to re-do the examination because of the defendant's negligence ? (4) Whether defendant proves that defendant offered to re- do the examination and plaintiff rejected that offer ? (5) If answer to issue nos.3 & 4 are in the affirmative, whether defendant proves that plaintiff was guilty of contributory negligence ?


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(6) Whether plaintiff proves that it is entitled to a decree in the sum of Rs.1,61,05,712/- with interest thereon @ 18% p.a. from the date of suit until payment/realization ? (7) What decree ? What order ?

2. Parties are further directed as under :-

(a) File respective affidavit of documents and serve a copy thereof on the other side on or before 19.1.2019 ;

(b) On or before 28.1.2019 inspection to be given and Statement of admission and denial with reasons for denial to be exchanged by 2.2.2019;

(c) Plaintiffs to file list of witnesses, affidavit in lieu of examination in chief together with compilation of documents and serve a copy thereof upon defendants by 20.2.2019.

3 It is made clear that if affidavits of documents are not filed and inspection given, parties will not be permitted to rely upon any documents, copies whereof are not annexed to the plaint and/or written statement or mentioned in the list of documents annexed to the plaint/written statement. This however, shall not prevent a party from confronting the witness of the other with any document.

If statements of admission and denial are not given within the time prescribed, parties shall be deemed to have admitted the KJ ::: Uploaded on - 11/01/2019 ::: Downloaded on - 12/01/2019 07:00:49 ::: 3/3 44.SUIT377.17.doc existence of all the documents relied upon by the other side. 4 Stand over to 27.2.2019 for marking of documents/recording of evidence at which time plaintiff's 1st witness shall remain present in court.

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