Export Credit Guarantee Corporation of India Ltd. & Anr. v. M.S. Creations & Anr.

Civil Appeal · 2019 INSC 358Decided 13 Mar 2019
Civil Appeal No. 2987 of 2019
Dr. Justice D.Y. Chandrachud · Justice Hemant Gupta

Background

M.S. Creations, an exporter, held a Shipments (Comprehensive Risk) Policy from the Export Credit Guarantee Corporation (ECGC) to insure against a foreign buyer's failure to pay for exported goods. It shipped handloom goods worth about Rs 64 lakh to a buyer in Ivory Coast, routed for payment through a bank that ECGC had approved as a substitute collecting bank. That bank released the shipping documents to the buyer's side without ever confirming payment, and the exporter was never paid. When ECGC refused the exporter's insurance claim (citing the exporter's inability to produce certain documents), the exporter won before the State and National Consumer Disputes Redressal Commissions, and ECGC appealed to the Supreme Court.

Decision Breakdown

The Court examined the policy's exclusion clause, which denied ECGC's liability for losses "arising from... any act or default on the part of... a collecting bank." It found that the substitute bank had indeed defaulted, releasing the original shipping documents to the buyer's representative without receiving acceptance or payment, in a transaction it later claimed it couldn't even process. This meant the loss fell squarely within the policy's exclusion, so the Consumer Commissions had been legally wrong to hold ECGC liable merely because ECGC had separately paid a guarantee claim to the exporter's bank under a different policy: that payment was to protect the bank's own exposure and did not amount to an admission of liability to the exporter. The Court allowed ECGC's appeal and set aside the Consumer Commissions' orders on the point of law. However, exercising its special constitutional power under Article 142, since the exporter was itself an innocent victim of the foreign buyer's fraud, with no complicity shown, and had already received and spent the money under the lower orders, the Court directed that no recovery be made from the exporter despite the appeal being allowed.

Lesson Learnt

An insurance exclusion clause for "default of the collecting bank" can defeat even a seemingly sympathetic claim, but the Supreme Court can still use its special Article 142 power to protect an innocent party from having to repay money already received, even after formally ruling against them on the legal question.

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