SUNIL GOEL Vs. ORIENTAL INSURANCE CO LTD

JUDGEMENT

(1.) THE petitioner is aggrieved by an order of learned Trial Court dated 29th July, 2005 whereby the Trial Court held that it had no jurisdiction to entertain the suit filed by the petitioner and therefore dismissed the suit on this ground.

(2.) THE brief facts relevant for purpose of deciding this petition are that the petitioner/firm carried its business at Ambala, Haryana. The defendant is a company incorporated under Companies Act having divisional office at Ambala and head office at Delhi. The petitioner received an order from an importer and dispatched his goods to Nigeria through Ethiopian Airlines vide two consignments. The petitioner obtained a marine insurance policy in a sum of Rs. 15,00,000/- from the divisional office of respondent at Ambala. The petitioner paid the requisite amount from time to time for the insurance policy. A major fire broke out at transit warehouse at Murtala Muhammed Airport, Lagos, Nigeria on 21/11/2002 resulting into loss of goods of the petitioner. Consignee of the goods, M/s. Charlec Ltd. filed its claim with M/s. Relugas (Nigeria) Ltd. the local agents of defendant and the said agent of defendant referred the matter to their London counterparts namely M/s. W. K. Webster and Company who rejected the claim of the plaintiff. The plaintiff then filed this suit at Delhi where the head office of defendant was situated. The defendant denied its liability and also denied the territorial jurisdiction of their Court at Delhi.

(3.) THE Trial Court held that no cause of action arose in Delhi since the policy was obtained in Ambala and the divisional office of defendant company situated at Ambala, the suit could not be filed in Delhi. The Trial Court relied on Patel Roadways Ltd. Bombay v. Prasad Trading Company, (1991) 4 SSC 270. Both the parties in this case relied upon the same judgment to press their contrary view about the jurisdiction of Delhi Court.