Law: Insurance Ordinance, 2000

Section: 122

Law: Civil Procedure Code (V of 1908)

Section: 1

Insurance Ordinance (XXXIX of 2000)--- ----S. 122---Civil Procedure Code (V of 1908), O. XXIX, R. 1---Insurance petition, filing of---Authorized person---Scope---No Board Resolution presented before the court authorizing the Chief Executive of the company to file and contest the insurance petition---Curable defect---Lack of a board resolution authorizing the attorney does not invalidate the institution of the suit/petition so long as the Articles of Association confer upon the person/persons to institute the suit on the companys behalf---Even otherwise such a defect could always be cured by placing on record a Board Resolution issued even at a subsequent date, which would put the matter to rest---Appeal was allowed. Muhammad Siddiq Muhammad Umar and another v. Australasia Bank Ltd. PLD 1966 SC 685; Central Bank of India Ltd. v. Taj ud Din Abdur Rauf 1992 SCMR 846; Pak Turk v. Turkish Airlines Inc. 2015 CLC 1; Rahat and Company, through Syed Naveed Hussain Shah v. Trading Corporation of Pakistan Statutory Corporation 2020 CLD 872= PLD 2020 SC 366; Presentaciones Musicales SA v. Secunda and another [1994] 2 All ER 737 and Al-Noor Sugar Mills Ltd. v. Federation of Pakistan and others 2018 SCMR 1792 ref. JUDGMENT MUSHIR ALAM, J.--- The Appellant a limited liability company has assailed the judgment of Lahore High Court dated 10.04.2018. 2. Facts in brief are that the appellant Rana Basit Rice Mills Private Limited, through its Chief Executive, obtained from the Respondent Insurance Company a fire general policy to the tune of Rs.150,002,000/- covering its stock of rice, paddy Machinery and building etc. as provided for in the Insurance Policy and detailed in paragraph 2 of the Insurance Petition against comprehensive insurable risk for a period 09.09.2011 to 09.08.2012 against the premium of Rs.370,000/- 3. On fateful night between 13.06.12 and 14.06.12, a gust thunder storm caused losses to the appellants insurable interest covered under the insurance policy. Loss and damaged to the insurable interests were fully covered by the Insurance Policy. Appellant as required under the law and policy lodged the claim to the tune of Rupees 9,851,760/=. 4. The…

Deprecated: trim(): Passing null to parameter #1 ($string) of type string is deprecated in /home/digixyei/sldsystempk.com/view/master-layout/view_case.php on line 492