Writ petition regarding insurance contract dispute disposed of by granting liberty to the petitioner to approach any competent forum in view of jurisdictional doubts.
Liberty to the petitioner to approach any competent forum as prayed for.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 22ND DAY OF JANUARY 2021/2ND MAGHA, 1942
WP(C).No.10297 OF 2020(J)
PETITIONER:
SREELAKSHMI CASHEW COMPANY LAKSHMIPRABHA, KADAPPAKADA P.O., KOLLAM 691 008, REPRESENTED BY ITS MANAGING PARTNER P SUNDARAN
BY ADVS.
SRI.N.D.PREMACHANDRAN SRI.D.AJITHKUMAR
RESPONDENTS:
1 THE OMBUDSMAN FOR INSURANCE,OFFICE OF INSURANCE OMBUDSMAN,2ND FLOOR, PULINADU BUILDING,OPP. COCHIN SHIPYARD, M.G. ROAD, KOCHI 682 015.
2 ICICI LOMBARD GENERAL INSURANCE CO.LTD., REPRESENTED BY ITS MANAGING DIRECTOR, ICICI LOMBARD HOUSE, 414, VEER SAVARKAR MARG, NEAR SIDDI VINAYAKA TEMPLE, PRABHAVEDI, MUMBAI 400 025.
3 MR. MAHESH GOTECHA, MANAGER, ICICI LOMBARD GENERAL INSURANCE CO.LTD, ICICI HOUSE, 401 AND 402, 4TH FLOOR, INERFACE 11, NEW LINKING ROAD, MALAD (WEST), MUMBAI 400 064.
4 INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (IRDA), SY. NO. 115/1, FINANCIAL DISTRICT, GACHIBOWLI, HYDERABAD, PIN 500 032.
R2 BY ADV. SRI.R.AJITH KUMAR (128/84) R2 BY ADV. SRI.GEORGE CHERIAN (SR.) R4 BY ADV. SRI.K.L.NARASIMHAN R4 BY ADV. SRI.N.KRISHNA PRASAD
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) No.10297/2020
: 2 :
J U D G M E N T
~ ~ ~ ~ ~ ~ ~ ~ ~
Dated this the 22nd day of January, 2021
When this writ petition came up for hearing today, learned counsel for the petitioner submitted that in view of the
doubts expressed regarding the jurisdiction of the Ombudsman to consider the issue involved, the petitioner may
be permitted to approach any competent Forum.
In view of the submission made by the counsel for the petitioner, the writ petition is disposed of granting liberty to the petitioner as prayed for.
Sd/-
N. NAGARESH, JUDGE
aks/22.01.2021
WP(C) No.10297/2020
: 3 :
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | A COPY OF 30-01-2018 |
THE PURC | HASE CONTRACT DATED |
|---|---|---|---|
| EXHIBIT P2 | A COPY OF 4-2-2018 |
THE PURC | HASE CONTRACT DATED |
| EXHIBIT P3 | A COPY OF 28-2-2018 COMMODITIES |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TASTEY NUTS |
| EXHIBIT P4 | A COPY OF 28-2-2018 COMMODITIES |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TASTEY NUTS |
| EXHIBIT P5 | A COPY OF 28-2-2018 COMMODITIES |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TASTEY NUTS |
| EXHIBIT P6 | A COPY OF 28-2-2018 COMMODITIES |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TASTEY NUTS |
| EXHIBIT P7 | A COPY OF 28-2-2018 COMMODITEIS |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TTASTEY NUTS |
| EXHIBIT P8 | A COPY OF 28-2-2018 COMMODITIES |
THE COMME ISSUED LTD |
RCIAL INVOICE DATED BY TASTEY NUTS |
| EXHIBIT P9 | A COPY O CERT/2002/1 DAR 8000140 |
F POLIC /14441845 00 DATED |
Y CERTIFICATE NO. 3/00/000/1 FOR B/L 15-3-2018 |
| EXHIBIT P10 | A COPY O CERT/2002/1 DAR 8000140 |
F POLIC /14441845 01 DATED |
Y CERTIFICATE NO. 3/00/000/2 FOR B/L 15-3-2018 |
| EXHIBIT P11 | A COPY O | F POLIC | Y CERTIFICATE NO. |
| CERT/2002/1 DAR 8000140 |
/14441845 02 DATED |
3/00/000/3 FOR B/L 15-3-2018 |
WP(C) No.10297/2020
: 4 :
| EXHIBIT P12 | A COPY OF POLICY CERTIFICATE NO. |
|---|---|
| CERT/2002/1/144418453/00/000/4 FOR B/L DAR 800014002 DATED 15-3-2018 |
|
| EXHIBIT P13 | A COPY OF POLICY CERTIFICATE NO. CERT/2002/1/144418453/00/000/5 FOR B/L DAR 800014002 DATED 19-3-2018 |
| EXHIBIT P14 | A COPY OF POLICY CERTIFICATE NO. CERT/2002/1/144418453/00/000/6 FOR B/L DAR 800014002 DATED 19-3-2018 |
| EXHIBIT P15 | A COPY OF CERTIFICATE OF QUANTITY DATED 17-04-2018 |
| EXHIBIT P16 | A COPY OF CERTIFICATE OF QUANTITY DATED 17-04-2018 |
| EXHIBIT P17 | A COPY OF CERTIFICATE OF QUALITY DATED 17-04-2018 |
| EXHIBIT P18 | A COPY OF ADDENTUM REPORT OF SURVEYORS DATED 17-04-2018 |
| EXHIBIT P19 | A COPY OF THE REPORT OF THE CASHEW EXPORT PROMOTION COUNCIL OF INDIA AND RESEARCH INSTITUTE KOLLAM DATED 16-04- 2018 |
| EXHIBIT P20 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P21 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P22 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P23 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P24 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P25 | A COPY OF CLAIM NOTICE DATED 15-06-2018 |
| EXHIBIT P26 | A COPY OF THE LETTER DATED 7-3-2019 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P27 | A COPY OF THE LETTER DATED 5-3-2019 ISSUED BY THE 2ND RESPONDENT |
WP(C) No.10297/2020
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| EXHIBIT P28 | A COPY OF THE LETTER DATED 7-3-2019 ISSUED BY THE 2ND RESPONDENT |
|---|---|
| EXHIBIT P29 | A COPY OF THE LETTER DATED 7-3-2019 DATED 7-3-2019 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P30 | A COPY OF THE LETTER DATED 7-3-2019 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P31 | A COPY OF THE LETTER DATED 7-3-2019 ISSUED BY THE 2ND RESPONDENT |
| EXHIBIT P32 | A COPY OF THE LETTER DATED 27-3-2019 ISSUED TO THE 2ND RESPONDENT |
| EXHIBIT P33 | A COPY OF REPRESENTATION DATED 22-5- 2019 |
| EXHIBIT P34 | A COPY OF REPRESENTATION DATED 10-07- 2019 |
| EXHIBIT P35 | A COPY OF MARINE ISSUANCE POLICY |
| EXHIBIT P36 | A COPY OF THE COMMUNICATION DATED 18- 06-2019 |
| EXHIBIT P37 | A COPY OF THE LAWYER NOTICE DATED 28- 09-2019 |
| EXHIBIT P38 | A COPY OF COMPLAINT DATED NOVEMBER 2019(WITHOUTANNEXURES) |
| EXHIBIT P39 | A COPY OF THE LETTER DATED 12-12-2019 REJECTING THE COMPLAINT |
| EXHIBIT P40 | A COPY OF EMAIL DATED 18-3-2020 |
| EXHIBIT P41 | COPY OF BILL OF LADING ISSUED BY THE PACIFIC INTERNATIONAL LINES |
WP(C) No.10297/2020
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RESPONDENTS' EXHIBITS:
EXHIBIT R2(a): TRUE COPY OF THE INSURANCE POLICY ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER POLICY NO.UINIRDAN115P0010V01200102 MARINE 02. EXHIBIT R2(b): TRUE COPY OF THE E-MAIL COMMUNICATION DATED 01/08/2019 SENT BY THE 2ND RESPONDENT TO THE PETITIONER.
ncd
1 issue framed by the court
Whether to grant liberty to the petitioner to approach a competent forum given doubts regarding the Ombudsman's jurisdiction.
SREELAKSHMI CASHEW COMPANY
THE OMBUDSMAN FOR INSURANCE
ICICI LOMBARD GENERAL INSURANCE CO.LTD.
MR. MAHESH GOTECHA
INSURANCE REGULATORY AND DEVELOPMENT AUTHORITY OF INDIA (IRDA)
N. NAGARESH
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
