C. MOOKERJEE, C. J.

( 1 ) BY the judgement and order appealed against, his Lordship Hon'ble Mr. Justice T. K. Basu (as he then was) had allowed the application under Ss. 30 and 33 of the Arbitration Act of the New India Assurance Company Ltd. the respondent 1 herein and had set aside the award dated 22nd March, 1978 of Keshab Chandra Basu (since deceased) in favour of M/s. Lohia Jute Press Pvt. Ltd. the appellant, for a sum of Rs. 29,66,832. 67 p. with interest. Being aggrieved by the said judgement and order, the Lohia Press and others having preferred this appeal.

( 2 ) ON 3rd January, 1976 New India Assurance Co. Ltd. the respondent herein issued a fire insurance policy covering risk against damage by fire the raw materials jute goods, plastic materials, etc. lying at the appellant Company's factory-cum-godown at 28, Barrack pore Trunk Road, Calcutta Originally the said properties of the appellant company were insured for a sum of Rs. 20,00,000/- and the period of insurance as from 6th October, 1975 to 6th October, 1976. Subsequently, by mutual consent, on three different dates, extra endorsements were made for making the appellant company and its mortgagee, State Bank of Indi

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