1 FA 1972/10 abs FARAD CONTINUATION IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION FIRST APPEAL NO. 1972 OF 2010 ------------------------------------------------------------------------------------------------------------------ Office Notes, Office Memoranda of Court's or Judge's Orders Coram, appearances, Court's Orders or directions and Registrar's Orders Mr. Ramesh K. Cheulkar for the appellant. Ms. Rina Kundu for respondent no.1. CORAM : D.G. KARNIK, J. DATE : 17TH FEBRUARY 2011 P.C. : 1. Heard learned counsel for the appellant – insurance company. 2. The only ground urged before me is that the cheque issued by the insured for the insurance premium was dishonoured and therefore the insurance company is not liable. Before the Tribunal, the dishonoured cheque was not produced. The bank memo for dishonour of the cheque was also not produced. 2 FA 1972/10 No other evidence was produced to show that the cheque was dishonoured. The Tribunal has recorded a finding of fact that the appellant has not proved that the cheque was dishonoured. In the absence of any evidence to the contrary, it cannot be held that the cheque was dishonoured. 3. Even otherwise, in the case of Oriental Insurance Co. Ltd. v. Inderjit Kaur, 1998 ACJ 123, the Supreme Court has held that mere dishonour of a cheque of premium by itself would not relieve the insurance company of the liability unless the policy was cancelled in pursuance of such dishonour. Admittedly, the policy was not cancelled in the present case. 4. No other point was urged. 5. There is no merit in the appeal which is hereby dismissed summarily. (D.G. KARNIK, J.)