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Showing contexts for: payment under protest in M/S Raj Ginning Industries, vs M/S New India Assurance Company Limited ... on 21 May, 2024Matching Fragments
C. United India Insurance Co. Ltd. versus Harchand Rai Chandan Lal reported as (2004) 8 SCC 644.
D. Vikram Greentech India Ltd. versus New India Assurance Co. Ltd. reported as (2009) 5 SCC 599.
E. Oriental Insurance Co. Ltd. versus Sony Cherian reported as (1999) 6 SCC 451.
F. General Assurance Society Ltd. versus Chandmull Jain reported as AIR 1966 SC 1644."
Having heard learned Counsel for the parties, the only averment which can be found in the Complaint regarding the alleged protest is traceable to the list of dates and events of 19.04.2012 and 08.11.2012 of having accepted payment under protest. The pleadings in the Complaint are contained in paragraph 3.4 and 3.8 which are extracted hereinunder:
"3.4 When the Complainant firm write a letter to National Insurance Co. Ltd. Veraval regarding acceptance of the payment of Rs.55,51,505 under protest to recover balance amount on dated 19th April, 2012.
3.8 when the complainant firm write a letter to the New India Assurance Co. Ltd. Rajkot that payment is accepted under protest with right to recover balance fire claim on dated 8th November, 2012."
Apart from these pleadings there is no averment either in the complaint, rejoinder or the evidence in affidavit to substantiate the plea of any duress or protest on account of coercion or undue influence sufficient to establish that the discharge vouchers had been issued under protest. The protest letters dated 19.04.2012 and 08.11.2012 were planned and worded much after the discharge vouchers were voluntarily signed and the amounts were duly credited to the account of the Complainant. There is no evidence led to support the allegations contained in these two letters that in all probability are a strategic move after the bargain was made with the Insurance Company. No interrogatories, questioning of examination of the officials of the Insurance Companies have been attempted on behalf of the Complainant to evidence the allegations and elicit any material to establish the allegations.