VidhiSangh

Supreme Court of India · 25/04/2022

HARIS MARINE PRODUCTS versus EXPORT CREDIT GUARANTEE CORPORATION (ECGC) LIMITED

[2022] 17 S.C.R. 297 · 2022 INSC 471

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Summary

ECGC denied an exporter’s buyer-default insurance claim because loading began a day before policy coverage, relying on an onboard date and DGFT guidelines. Reading the policy as a whole and considering the insured risk, the Court rejected that interpretation. Despatch required completed handing over, and the relevant bill-of-lading date fell within coverage; the guideline alternative also did not support denial without the stipulated letter of credit. The complaint was allowed with payment of Rs.1,96,38,400 and 9% annual interest.

Issues

  1. How an ambiguous despatch date in the buyer-default policy should be construed.
  2. Whether the DGFT guidelines justified the insurer’s rejection.

Provisions considered

Held

Result

Appeal allowed without costs. The NCDRC order was set aside and the complaint allowed. ECGC was directed to pay Rs.1,96,38,400 with interest at 9% per annum. Pending applications disposed of.

Judgment PDF: Supreme Court of India, [2022] 17 S.C.R. 297.