NATIONAL INSURANCE CO LTD Vs. MEGHALAYA PLYWOODS LTD

JUDGEMENT

(1.) The revision petitions under Rule 36A of the rules for Administration of Justice and Police in Khasi and Jaintia Hills, 1987 read with Article 227 of the Constitution have been directed against the judgment and decree dated 29.10.1998 passed by the learned Additional Deputy Commissioner- cum-District Judge, Shillong dismissing the Money Appeal No. 8(T) and 9(T) of 1993.

(2.) The respondent M/s. Meghalaya Plywoods Limited instituted Money Suit Nos. 36(T) and 27(T) of 1982 for recovery of Rs.14,32,350/- and Rs.14,20,000/- respectively as compensation for nondelivery of 18 trucks load of plywoods despatched from Byrnihat, Meghalaya to Chandigarh through M/s. Kamal Roadways under cover of an open Marine Transit Policy issued by the petitioner Insurance Company. The aforesaid two suits were decreed on 12.2.1993 by the learned trial Judge and the decrees thereof were prepared on 18.2.1993. The decrees were put into execution and the local office of the Insurance Company at Shillong was put under lock and key. However, the said office was reopened on certain conditions as ordered by the High Court. The Insurance Company preferred Money Appeal Nos. 8 and 9 of 1993 challenging the judgment and decree passed by the learned trial Judge. The said two appeals were also dismissed by the learned Appellate Court on 29.10.1998 cm preliminary points relating to limitations and maintainability. The grievance of the insurance is that they were not given oppoitunity to tender documents and adduce evidence during the trial. On this background the Insurance Company approached this Court.

(3.) I have heard Mr A.K. Phukan, learned senior counsel for the petitioner and also Mr V.K. Jindal, learned senior counsel for the respondent.