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Supreme Court of India 2018-05-18 dismissed

Meenakshi Saxena & Anr vs ECGC Ltd. (Formerly known as Export Credit Guarantee Corporation of India Ltd.) and Anr

Bench: 2 — N.V. Ramana

In Brief

An insurance company (ECGC) issued a policy covering export risks. After goods were not paid for, the company paid only 79.5% of losses instead of the contracted 90%. A consumer forum ordered 90% payment in Euros converted at the bank buying rate on the shipment date (Clause 17 of the contract), plus interest from 24.7.2002. During execution, the company paid Rs. 11,23,906 using the shipment-date conversion rate. The decree-holder claimed payment should use the date-of-payment rate. The Supreme Court held that contracts expressly fix the conversion date; executing courts cannot alter this. The payment fully satisfied the decree. Appeal dismissed.

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Consumer Protection Contract Interpretation Execution of Decrees Foreign Currency Conversion Insurance Law

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