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M/S. M. K. Enterprises vs National Insurance Company Ltd. & ... on 13 April, 2015 cites

Anshupati Fibres Pvt. Ltd. vs National Insurance Co. on 14 January, 2015

In the order dated 14.01.2015 in CC No. 32 of 2007 "Anshupati Fibres Pvt. Ltd. versus National Insurance Company Ltd. & Anr." a view has been taken that " mere financial hardship of the complainant in my view does not constitute coercion as defined in section 16 of the Indian Contract Act."  In the same order, it has been stated that consent is a free consent, unless it is obtained by use of coercion, undue influence, fraud or misrepresentation or it is given on account of a mistake subject to the provisions contained in sections 20, 21 and 22 of the Contract Act.  After discussing the definition of the coercion, undue influence, fraud, misrepresentation as stated in the Contract Act, it has been brought out that the OPs were not in a position to dominate the will of the complainant company and use that position to obtain an undue influence over the complainant company.  The Insurance Company does not stand in a fiduciary relationship, vis-à-vis, the complaint.  Section 16(3) of the Contract Act was, therefore, not applicable in such cases.
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