DEBANGSU BASAK
Hindusthan Motors Ltd. – Appellant
Versus
National Insurance Company Limited – Respondent
Debangsu Basak, J.
The plaintiff claims a money decree against the defendant nos.1 and 2 on the basis of a contract of insurance.
According to the plaintiff, it had entered into two several contracts of insurance both dated April 1, 1986 with the defendant nos. 1 and 2 whereby and whereunder the plaintiff was indemnified for loss and damages caused, inter alia, by fire to all sorts of vehicles, engines, components, parts, raw materials, accessories lying in or about the factory of the plaintiff. Both the defendants issued interim protection notes on April 30, 1986 with effect on and from April 1, 1986 and valid up to April 1, 1987. Three several interim protection notes were issued in favour of the plaintiff. The premia in respect of the insurance contract was secured by five several bank guarantees issued on behalf of the plaintiff. The plaintiff caused such bank guarantees to be extended till March 31, 1987. According to the plaintiff it paid the premia under the contract of insurance by five several cheques. On September 30, 1986 the defendant no. 1 invoked the bank guarantees and received the premia in respect of the contract of insurance. According to the plaintiff on
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