Bombay High Court
Idbi Bank vs Ecgc Limited on 6 January, 2026
17-COMS-37-2024.docx
Swapnil IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
COMMERCIAL SUIT NO. 37 OF 2024
IDBI Bank ... Plaintiff
Vs.
ECGC Limited ... Defendant
Mr. Bimal Rajashekhar i/b. Rishi Thakur and Ms. Dhwani
Gala for the Plaintiff.
Mr. Virgil Braganza i/b. JSA for the defendant.
CORAM : GAURI GODSE, J.
DATE : 6th JANUARY 2026
ORDER :
1. Heard respective learned counsel for the parties on framing issues.
2. Learned counsel for the plaintiff has tendered draft issues on 23rd December 2025. Considering the rival pleadings following issues are framed :-
1. Whether the suit is maintainable without the dispute having been referred to AMRCD ?
2. Whether the plaintiff failed to perform its obligations as 1/2 ::: Uploaded on - 07/01/2026 ::: Downloaded on - 07/01/2026 20:40:44 ::: 17-COMS-37-2024.docx an insured under the insurance contract as alleged ?
3. Whether the defendant's repudiation of the plaintiff's claim under the insurance contract was valid ?
4. Whether the plaintiff is entitled to an order and decree against the defendant for the payment of a sum of Rs.
101,02,000/- towards the insurance claim under the insurance contract ?
5. What interest ?
6. What costs ?
3 Parties are at liberty to complete inspection of documents if necessary and file affidavit of admission and denial within 3 weeks.
4. Stand over to 9th February 2026.
[GAURI GODSE, J.] 2/2 ::: Uploaded on - 07/01/2026 ::: Downloaded on - 07/01/2026 20:40:44 :::