JUPITER GENERAL INSURANCE CO Vs. DHANDHIYA JWELLERS JAIPUR

JUDGEMENT

(1.) THIS is a revision application by the defendant M/s. Jupiter General Insurance co. Ltd. against an order of the Additional District Judge No. 1 Jaipur City, refusing to issue a commission for the examination of five witnesses residing in the United states of America.

(2.) THE relevant facts are these. The plaintiff M/s. Dhandhia Jwellers of Jaipur sent a parcel of precious stones from Jaipur to Florida Diamond Brokers Inc. , 467 lincoln Road, Miami Beach, Florida through Mercantile National Bank. Florida. This parcel was insured for a sum of Rs. 12,000/- with the defendant and for a sum of rs. 300/- with the Post Office.

(3.) THE case of the plaintiff is that the parcel was never delivered to the consignee but it was revealed on further enquiry that it was delivered to M/s. Jordon Marsh co. Florida. The plaintiff thereupon claimed Rs. 17,000/- from the defendant.