Delhi High Court - Orders
Worldfa Exports Pvt Ltd vs New India Assurance Co. Ltd & Ors on 11 May, 2022
Author: Amit Bansal
Bench: Amit Bansal
$~11 * IN THE HIGH COURT OF DELHI AT NEW DELHI + CS(COMM) 269/2019 & I.A. 7461/2019 (u/S 80(2) of CPC) WORLDFA EXPORTS PVT LTD. ..... Plaintiff Through: Ms. Ritika Surani and Mr. Akshay Chitkara, Advocates versus NEW INDIA ASSURANCE CO. LTD & ORS. ..... Defendants Through: Mr. Pankaj Seth, Advocate for D-1 Ms. Gitanjali Kapur and Ms. Deeksha Madan, Advocates for D-2 CORAM: HON'BLE MR. JUSTICE AMIT BANSAL ORDER
% 11.05.2022
1. On the basis of the pleadings of the parties, following issues are framed:
(i) Whether the repudiation of plaintiff's claim by the defendant no.1 vide letter dated 18th July, 2018 is illegal and void ab initio? OPP
(ii) Whether the appointment of M/s Truth labs as second surveyor/ investigator has been done in accordance with the IRDA Regulations? OPD
(iii) Whether the defendant no.2 has failed in his duty to ascertain the cause of loss? OPP
(iv) Whether the plaintiff is entitled to indemnification of Rs.4,69,99,729/-
in terms of Standard Fire and Special Perils Policy along with interest pendente lite, pre-litigation interest amounting to Rs.1,51,12,022/- and interest as per the IRDA (Protection of Policy holders' Interest) Regulations, 2002? OPP
(v) Whether the plaintiff is entitled to cost? OPP
2. No other issue arises or is pressed for.
3. Parties are directed to file the list of witnesses within four weeks. The plaintiff company to file evidence by way of an affidavit of its witnesses within six weeks.
4. Counsels for the Parties submit that a Local Commissioner be appointed for recording of the evidence in the suit.
5. In view of the above, Ms. Vasudha Bajaj (Mobile No. 9999621225) is appointed as a Local Commissioner for recording the evidence of the parties. Following directions are being passed in this regard:
(i) Fees of the Local Commissioner is initially fixed at Rs.1,00,000/- on the estimate that the recording of evidence will be completed within eight sittings.
(ii) If more than eight sittings are held, the Local Commissioner shall be paid a fees of Rs.15,000/- per sitting.
(iii) The fees of the Local Commissioner shall be shared equally by the plaintiff and by the defendant no.1.
(iv) In case any adjournment is taken by one of the parties, the said party shall bear the costs of the said sitting. The Local Commissioner shall decide whether the adjournment is on account of the party/parties.
(v) The Local Commissioner shall carry out the recording of evidence from within the High Court precinct.
(vi) In case of requirement of Court file, the Registry shall make the arrangements to send the Court file for the sitting before the Local Commissioner, and Rs.1,000/- is fixed towards the fees to be paid to the Court Staff to carry the Court file and the same will be shared by the plaintiff and by the defendant no.1 equally.
(vii) Counsels for the parties to approach the Local Commissioner within two weeks, for fixing dates for recording of evidence and executing the present commission..
(viii) The Local Commissioner has requested to complete the recording of evidence expeditiously.
(ix) The parties shall render all assistance to the Local Commissioner for recording of evidence.
6. List before the Joint Registrar on 2nd September, 2022 for monitoring of evidence.
7. The Registry is directed to send a copy of this order to the Local Commissioner.
AMIT BANSAL, J.
MAY 11, 2022/dk Signature Not Verified AMIT BANSAL