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Max New York Life Insurance Company Ltd. v/s Yash Construction & Land Development Co.


Company & Directors' Information:- MAX LIFE INSURANCE COMPANY LIMITED [Active] CIN = U74899PB2000PLC045626

Company & Directors' Information:- MAX INDIA LIMITED [Active] CIN = L85100PB2015PLC039155

Company & Directors' Information:- MAX INDIA LIMITED [Active] CIN = U85100PB2015PLC039155

Company & Directors' Information:- MAX CORPORATION LIMITED [Amalgamated] CIN = U24231PB1996PLC018766

Company & Directors' Information:- MAX INDIA LTD [Amalgamated] CIN = U24232PB1982PLC004841

Company & Directors' Information:- YORK INDIA LTD. [Not available for efiling] CIN = U99999DL1901PLC003613

Company & Directors' Information:- INDIA DEVELOPMENT AND CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U70101HR2010PTC040410

Company & Directors' Information:- INDIA LAND DEVELOPMENT PVT LTD [Active] CIN = U45201MP1987PTC004172

Company & Directors' Information:- K J LAND DEVELOPMENT CO PRIVATE LIMITED [Strike Off] CIN = U00082KA1987PTC008761

Company & Directors' Information:- YORK CONSTRUCTION COMPANY PRIVATE LIMITED [Strike Off] CIN = U45201KL1996PTC010744

Company & Directors' Information:- NEW INDIA CONSTRUCTION COMPANY LTD [Active] CIN = U45101DL1981PLC011472

Company & Directors' Information:- D. K. LAND DEVELOPMENT & CONSTRUCTION PRIVATE LIMITED [Active] CIN = U70109WB2009PTC134660

Company & Directors' Information:- P G MAX PRIVATE LIMITED [Strike Off] CIN = U22219KL2012PTC031856

Company & Directors' Information:- MAX I. LIMITED [Active] CIN = U74999PB2016PLC045450

Company & Directors' Information:- YASH CORPORATION PRIVATE LIMITED [Strike Off] CIN = U74140RJ2011PTC037349

Company & Directors' Information:- MAX CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U45204TN2013PTC094083

Company & Directors' Information:- D. P. LAND DEVELOPMENT & CONSTRUCTION CO. PRIVATE LIMITED [Active] CIN = U45201GJ2008PTC054298

Company & Directors' Information:- THE LAND DEVELOPMENT LIMITED [Strike Off] CIN = U70102OR1946PLC000065

Company & Directors' Information:- YASH CONSTRUCTION PRIVATE LIMITED [Strike Off] CIN = U99999MH1988PTC045774

Company & Directors' Information:- NEW INDIA CONSTRUCTION COMPANY LIMITED [Dissolved] CIN = U99999MH1934PTC002197

Company & Directors' Information:- NEW INDIA CONSTRUCTION COMPANY LIMITED [Dissolved] CIN = U99999MH1947PLC005788

Company & Directors' Information:- NEW INDIA CONSTRUCTION COMPANY LTD. [Dissolved] CIN = U99999MH1949PLC007127

    First Appeal No. 741 of 2016

    Decided On, 01 July 2016

    At, National Consumer Disputes Redressal Commission NCDRC

    By, THE HONOURABLE MR. JUSTICE V.K. JAIN
    By, PRESIDING MEMBER

    For the Appellant: Suman Bagga, Advocate. For the Respondent: -----



Judgment Text

This appeal is directed against the order of the State Commission dated 16.03.2016 whereby the said Commission has allowed an application filed by the complainant for impleadment of the legal heirs of the deceased insured. Since there is a delay of 57 days in filing the appeal, an application seeking condonation of delay has also been filed by the appellant.

2. The policy in question was taken by late Shri Sanjay Sawaliram and was later assigned by him to the complainant firm namely Yash Construction & Land Development Company. The claim lodged by the complainant firm having been repudiated, they approached the State Commission by way of a consumer complaint. The aforesaid application was filed during the pendency of the complaint seeking impleadment of the wife and children of the deceased.

3. The learned counsel for the appellant submits that the wife and children of the deceased insured were let with no right in the policy after it had been assigned in favour of the complainant firm. She further submits that if the complaint was to be filed by the legal heirs of the deceased, it would be barred by limitation in which the amendment was allowed.

4. It is settled legal proposition at the stage of considering the amendments, the Court for that matter or any forum will not go into the merits of the averments sought to be made by way of the proposed amendment. The question whether the legal heirs of the deceased were left with any right in the policy or not after the said policy had been assigned in favour of the complainant firm is a matter which the appellant can argue before the State Commission, which will thereafter take an appropriate view on the said contention. As far as the limitation is concerned, the submission has to be examined by the State Commission, which in the first instance has to take an appropriate view on the same. If aggrieved from the view so taken, the appellant can avail such remedy as may be open to it in law.

5. For the reasons stated hereinabove, the appeal as well as application for condonat

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ion of delay in filing the appeal are dismissed. It is however made clear that it would be open to the appellant to take all such objections and raise all such contentions as may be open to it in law before the State Commission.
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