.... M/s Garg Sons International (on strict construction of insurance contracts and the proposition that contra proferentem does not apply to commercial contracts); Bajaj Allianz General...insurance contracts must be strictly construed and that the rule of contra proferentem does not apply to commercial contracts. This Commission notes, with respect, that the policy in the present case is...a consumer contract of insurance issued to individual retail policyholders through a bank's group scheme, and is not a commercial contract of the kind considered in that decision. In any event...

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...is again a decision which enunciates that the courts are not permitted to substitute the terms of contract under the garb of liberal construction, and that the doctrine of contra proferentem would not apply to commercial contracts which...of commercial contracts. Mr. M.G. Bhangde would submit that the termination of the CMDPA is manifestly arbitrary in as much as (i) the authority issued the termination letter while the request for...where the sanctity of contracts is respected and commercial contracts are enforced is essential to the maintenance of the rule of law. Trade and commerce can be freely conducted in a stable legal order...

...contra proferentem is not to be applied. (o) In purely commercial, negotiated contracts between parties of equal bargaining power, contra proferentem may have limited or...whole and every attempt should be made to harmonise the terms thereof, keeping in mind that the Rule of contra proferentem does not apply in case of commercial contract, for the reason...one meaning, the Rule of Contra proferentem does not apply. (f) The rule has significance in standard form contracts where the insured have no bargaining power...

...the doctrine of contra proferentem would not apply to commercial contracts which are bilateral and mutually agreed upon. 18...legal regime where the sanctity of contracts is respected and commercial contracts are enforced is essential to the maintenance of the rule of law. Trade and commerce can be freely conducted in a...Corporation of Orissa Limited v. New India Assurance Company Limited and another (2016) 15 SCC 315 is cited in support of the submission that the Doctrine of contra proferentem, which is that the...

...has the discretion to interpret it in favour of the Insured by applying the principle of 'Contra Proferentem'. The relevant portion reads as under:- "22. Reconciliation of ambiguous terms in commercial contracts has...contra proferentem 26. It is entrenched in our jurisprudence that an ambiguous term in an insurance contract is to be construed...on the part of the assured and the contract is likely to be construed contra proferentem that is against the company in case of ambiguity or doubt… (I)n interpreting documents relating...

... wherein it was held that: "Commercial insurance contracts are to be interpreted as commercial documents on their plain language; contra-proferentem applies only...disapproved judicial addition of new heads of coverage in insurance contracts, emphasizing that sympathy for the insured cannot override the plain language of the contract. 18...

...contract, the court has the discretion to interpret the same in favour of the Insured by applying the principle of 'Contra Proferentem'. The relevant portion of the said judgment is as under:- "22. Reconciliation of ambiguous terms in commercial contracts has.... Rule of contra proferentem 26. It is entrenched in our jurisprudence that an ambiguous term in an insurance... i.e., good faith on the part of the assured and the contract is likely to be construed contra proferentem that is against the company in case of ambiguity or doubt… (I)n...

.... (2024) 2 SCC 344 held that the applicability of the rule of contra proferentem is ruled out for contracts of insurance. It has been held that the reason is that an insurance contract is bilateral and mutually agreed upon like any other commercial contract...the contra proferentem rule in insurance contracts on the ground that like any other commercial contract, the same is bilateral and is mutually agreed upon, whereas, the earlier Constitution Bench...Corporation (ECGC) Ltd. 2022 SCC OnLine SC 509. This is a Three Judges pronouncement vis-à-vis the applicability of the contra proferentem rule on insurance contracts. This...

.... (2024) 2 SCC 344 held that the applicability of the rule of contra proferentem is ruled out for contracts of insurance. It has been held that the reason is that an insurance contract is bilateral and mutually agreed upon like any other commercial contract...the contra proferentem rule in insurance contracts on the ground that like any other commercial contract, the same is bilateral and is mutually agreed upon, whereas, the earlier Constitution Bench...Corporation (ECGC) Ltd. 2022 SCC OnLine SC 509. This is a Three Judges pronouncement vis-à-vis the applicability of the contra proferentem rule on insurance contracts. This...

...the contract, the court has the discretion to interpret the same in favour of the Insured by applying the principle of 'Contra Proferentem'. The relevant portion of the said judgment is as under:- "22. Reconciliation of ambiguous terms in commercial contracts has...Protection Act protects the rights of consumers and mandates that insurance companies act in good faith. The principle of contra proferentem (ambiguous contracts are to be construed against the party...vessel was immaterial to the purpose for which the policy was taken by the appellant. B. Rule of contra proferentem...

...court has the discretion to interpret it in favour of the Insured by applying the principle of 'Contra Proferentem'. The relevant portion of the said judgment is as under:- "22. Reconciliation of ambiguous terms in commercial contracts has...goods onto the vessel was immaterial to the purpose for which the policy was taken by the appellant. B. Rule of contra proferentem...a contract of insurance there is a requirement of uberrima fides i.e., good faith on the part of the assured and the contract is likely to be construed contra proferentem that is...

...when there is any ambiguity in the terms and conditions of the contract then the court has the discretion to interpret it in favour of the Insured by applying the principle of 'Contra Proferentem'. The relevant portion of the said judgment reads as under:- "22. Reconciliation of ambiguous terms in commercial contracts has... appellant. B. Rule of contra proferentem 26. It is entrenched in our jurisprudence that an...the assured and the contract is likely to be construed contra proferentem that is against the company in case of ambiguity or doubt… (I)n interpreting documents relating to a contract...

...private counterparts. The Court must consider the aspect of business efficacy in commercial contracts, particularly since the tender in question concerns public services. Applying the rule of contra proferentem, the...-commercial evaluation process, only six bidders, including the Petitioners, met the qualifying criteria. The financial bids of these six qualified bidders were then processed on the GeM platform. The...

...their private counterparts. The Court must consider the aspect of business efficacy in commercial contracts, particularly since the tender in question concerns public services. Applying the rule of contra proferentem, the...: 3.1. In the course of the techno-commercial evaluation process, only six bidders, including the Petitioners, met the qualifying criteria. The financial bids of these six...

.... (g) It is a settled position that the rule of contra-proferentem is not applicable with respect to commercial contracts, for the reason that the clause in a commercial contract...Appellant's on the rule of contra-proferentem is misplaced. (h) Respondent No.3 is admittedly a Secured Creditor of the Corporate Debtor.  In... ….Appellant No.2 3. Industrial and Commercial Bank of China 801,8th Floor, A Wing, One BKC, C-66 G...

...submission that the principle of "contra proferentem" does not apply to the commercial contracts. Reliance is also placed on the judgment of the Supreme Court in the case of... principle of "contra proferentem" does not apply to commercial practice is concerned, it is submitted by the learned counsel for the respondent that there was a patent..., the principle of "contra proferentem" does not apply to a commercial contract which is executed by and between the parties with open eyes. The respondent never alleged any ambiguity in the contract at...

..., keeping in mind that the rule of contra proferentem does not apply in case of commercial contracts, for the reason that a clause in a commercial contract is bilateral and has mutually been agreed upon...cannot rewrite contracts and direct payment contrary to the terms of the contract, that to the defaulting party. Be that as it may. Further, the Apex Court has also taken the same view in Judgment...

...the discretion to interpret the same in favour of the Insured by applying the principle of „Contra Proferentem". The relevant portion of the said judgment is as under:- "22. Reconciliation of ambiguous terms in commercial contracts has...goods onto the vessel was immaterial to the purpose for which the policy was taken by the appellant. B. Rule of contra proferentem...the complaint contending that the Complainant, having availed insurance services for commercial purposes, did not fall within the definition of a „consumer" under the Act. It was contended that the...

...form a part of the agreement. 127. The contra proferentem principle does not merit applicability in case of commercial contracts, for the reason that a clause in a...circumstances, the arbitral tribunal would be bound by the terms of the agreement. v. The maxim "verba chartarum fortius accipiuntur contra proferentem' has no application at all to the case in hand. This principle would not apply in case of commercial contracts for... 105 118. However, where there are ambiguities, especially in cases of insurance contracts, the principle of contra proferentem...