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⟦illegible⟧ Theft and assumed Number 56 and to benefit the house numbered 20 224 109 In the box Registration number 81
IJA 1292
Correspondence about a Theft Case
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This item contains a document written by a lawyer concerning a court case in which the particulars of a theft are discussed in order to determine insurance coverage.
AI en Translation, Pages 1-25
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The Lawyers Issam Abdullah Muzaffar Shaul Moussa Committee Number Number 62/46 File Number: ⟦illegible⟧ Client: Chairman of the Administrative Committee for Jews His Attorney: ⟦illegible⟧ Opponent: ⟦illegible⟧ His Attorney: Lawyer Abdul Aziz Al-Shaharli Court: ⟦illegible⟧ Judge: Mr. Abdul Razzaq Type of Lawsuit: Date of Filing Lawsuit: ⟦illegible⟧ ⟦illegible⟧ Appeal Number: Result: Execution File Number:
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Lawyer Nu'man Midhat (Registration Agent) Office: Al-Rashid Street - Ras al-Qarya - Tel 84220, 80988 Residence: Al-Nasr Square - Bustan al-Khass - Tel 87050 Baghdad on 16 / 11 / 1963 The Honorable Judge of the Baghdad Court of First Instance Subject / Defense and explanatory memorandum regarding lawsuit No. 30 / 63 in the Baghdad Court of First Instance Plaintiff - Rabbi Sassoon Khidhouri - Head of the Mosaic Community - represented by lawyers Hassan Abdullah Muzaffar and Shaul Moussa Defendant - Fowler Co. W.L.L. - represented by lawyer Nu'man Midhat. First) In the initial pleadings, the plaintiff's representatives stated that the English text is the authoritative one and claimed that it was not translated into the Arabic text accurately, or in other words, that the Arabic translation is not precise. They requested the honorable court to have it translated by an expert agreed upon by both litigating parties, and thus the necessary expert was appointed and his report was submitted, which is present in the aforementioned case file, proving that the Arabic translation in the insurance policy subject of the lawsuit is completely identical to the English text. Therefore, they no longer have the right to say anything else based on Article 61 of the Procedure Law. Nevertheless, they presented a new argument to which I respond as follows: - Second) In the last pleading held on 8 / 10 / 1963, the plaintiff's representatives stated the following: - A - That the law did not differentiate between thefts and that their client's intention was to insure against theft in general. I say that the contract has binding force like the force of law. And that the provisions of the insurance contract (i.e., the policy subject of the lawsuit) mentioned in the introduction of the text excluded certain cases of theft from compensation, and the theft described in the police assistant's report kept in the file is not covered and is not included in the compensation, as it is among the exceptions since the theft did not occur as a result of entry forcibly and by violence. Rather, it occurred by entering through the main door using a duplicate key, the police did not find any sign of climbing from the outside or from neighbors, nor did they find any break-ins indicating actual force and violence according to the condition, the absence of which negates the insurance. B - They mentioned that the use of the key was accompanied by violence and force, and this statement is incorrect and requires mentioning the police assistant's report No. 6250 dated 10 / 4 / 1962 which describes and no other report has been issued since then to the contrary. Third - The action of the plaintiff's representatives in presenting new statements as mentioned in 'Second' above the Procedure Law, as it is not acceptable for them to bring this up during the pleading unless there is possible to state his arguments and evidence in the memorandum all at once. Fourth - That Law No. 109 of 1963 (Law for the Repeal of the Mosaic Community Law and its amendments and the regulations issued thereunder) published in the Iraqi Gazette 22 / 9 / 1963 has abolished the Jewish community, and therefore there is no longer for ⟦illegible⟧ the head of the community any existence ⟦illegible⟧ - To be continued -
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- 2 - from the issuance of the law. Accordingly, this lawsuit has become subject to dismissal according to paragraph 2 of Article 2 of the Procedures and pursuant to paragraph 3 of Article 25 of the Procedures as well. I hereby reiterate my previous statements and request the honorable court to issue a ⟦illegible⟧ dismissing the lawsuit and charging him with fees and attorney's fees. With utmost respect S Lawyer Numan Medhat In addition to his power of attorney for the company Fowler ⟦...⟧ S.A.