ASHA SONI Vs. NEW INDIA ASSURANCE CO LTD

JUDGEMENT

(1.) CARRYING on business as the sole proprietor of the firm M/s.New Gayatri Cork Industries, vide Ex.DW -1/6, being the cover note, appellant obtained an insurance cover pursuant to her proposal Ex.D -2, assuring her to be indemnified loss or damage to the raw product and finished goods at her factory premises bearing No.3, DLF Industrial Area, Moti Nagar, New Delhi -110015. It is not in dispute that Ex.DW -1/6, the fire temporary cover note, records that the insurance cover in sum of Rs.32,00,000/ - pertains to the goods within the factory premises (not in the open) and the period of the cover is June 07, 1993 till June 06, 1994.

(2.) UNFORTUNATELY , neither party has bothered to prove the policy which was subsequently issued by the insurance company.

(3.) WHAT happened thereafter till the surveyor submitted the report Ex.P -2 after more than two years and nine months i.e. on March 03, 1996 is not clear for the reason parties have not filed the requisite documents, probably for the reason the respondent did not have the letters/correspondence exchanged between the appellant and the surveyor, and for reasons best known to the appellant, she has chosen not to file them; the only evidence we have of correspondence being exchanged between the appellant and the surveyor is Ex.DW - 1/2, a notice served upon the appellant under Order XII Rule 8 of the Code of Civil Procedure requiring her to produce the 14 letters listed therein. Ex.DW -1/2 would reveal that the respondent called upon the appellant to produce 6 letters written by the surveyor to the appellant between June 16, 1993 and March 18, 1994.