Defendant Insurance Co. applied for joint trial of overlapping suits involving factory premises insurance disputes. Court allowed transfer of related suit to allow joint proceedings due to common evidence.
Application allowed; suit O.S.No.5186 of 2019 transferred to Commercial Division for joint trial.
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A.No.2536 of 2020 in C.S.No.685 of 2019
A.No.2536 of 2020
in
C.S.No.685 of 2019
C.V.KARTHIKEYAN J,
This Application has been filed by the Defendant / HDFC ERGO
General Insurance in the Suit, under Clause 13 of the Letters Patent, seeking to transfer the suit in O.S.No.5186 of 2019 now pending on the file
of the XIXth Additional City Civil Court, Chennai, to be tried along with the present Suit. The Suit has been filed by the Plaintiff, Mr.K.K.Ramesh,
Sole Proprietor of KKR Metal Components, against the Defendant seeking a Judgment and Decree for a sum of Rs.6,99,36,135/- together with interest
at 18% per annum and for costs.
2.The cause of action for the Suit was with respect to Insurance of
the Factory premises along with the machinery, raw materials, stock-intrade, work-in-progress and also finished goods and rejection of the claim
submitted by the Plaintiff was rejected by the Defendant.
3.It is seen that before the XIX Additional City Civil Court, Chennai, the Defendant herein, namely, HDFC ERGO General Insurance had 1/4
A.No.2536 of 2020 in C.S.No.685 of 2019
instituted a suit seeking a Judgment and Decree for recovery of sum of Rs.34,71,506.85/- which comprised of the principal sum of Rs.25,00,000/and interest. The cause of action for institution of the said suit was again the policy, which had been obtained by the Plaintiff in the present Suit / Defendant in the City Civil Court, with respect to the factory premises and
also the stocks available in the factory premises and the claim made therein and the repudiation of the claim.
4.In view of the facts that the documents relating to both the Suits would overlap and the evidence to be recorded would be common, it would
only be in the interest of both the parties, that the Suits are tried jointly and common evidence is adduced.
5.Taking that view into consideration, the Application is allowed and
a direction is issued that the Suit now pending in O.S.No.5186 of 2019 on
the file of the XIX Additional City Civil Court, Chennai, may be transferred to the Commercial Division of the Madras High Court and so that both the Suits can be tried jointly.
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A.No.2536 of 2020 in C.S.No.685 of 2019
O.S.No.5186 of 2019 now pending in the XIX Additional City Civil Court,
Chennai.
08.12.2020
smv 1/2
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A.No.2536 of 2020 in C.S.No.685 of 2019
C.V.KARTHIKEYAN.,J
smv
A.No.2536 of 2020
in
C.S.No.685 of 2019
08.12.2020
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1 issue framed by the court
Whether the applicants suit involving insurance claim rejection should be tried jointly with the present suit due to common evidence and overlapping documents.
1 provisions across 1 enactments
HDFC ERGO General Insurance
K.K.Ramesh
C.V.Karthikeyan
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
