Supreme Court of India

M/s Baspa Organics Limited v. United India Insurance Company Ltd.

Neutral citation
Bench Mohan M. Shantanagoudar and R. Subhash Reddy JJ.
Decided 14 February 2020

INSC stands for INDIAN SUPREME COURT. A neutral citation scheme assigned by the Court itself, so a judgment can be cited without depending on a commercial law reporter. INSC is the neutral citation scheme assigned by the Supreme Court, so a judgment can be cited without depending on a commercial law reporter.

1 Supreme Court bench has cited this judgment.

What the Court ordered

We are of the view that the non-disclosure of the non-possession of a licence was of a material nature, and constituted a violation of Condition 1 of the insurance policy.

Judgment, page 15

From the headnote

Consumer Protection Act, 1986: Fire and Special Peril policy – Insurance claim – Repudiation of claim – On the ground of suppression of material fact of not being duly licensed for storage and use of Hexane at the factory – Held: In terms of either Article 3 or 7 of the Petroleum Rules, 1976, the Appellant was required to obtain a license for the purposes of storing Hexane in excess of 20 kilolitres – The quantity of Hexane stored by the Appellant was more than 20 kilolitres – In the absence of a license, the Appellant could not have lawfully stored Hexane – Non-disclosure of non- possession…

Where later benches applied it

Of those, 1 mentioned

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