JUDGMENT

The Court

1. The petitioner-Company insured its godowns with respondent no.1, the National Insurance Company Limited (hereinafter referred to as 'the NICL'). The respondent no.2 is the Divisional Manager of petitioner no.1 and respondent no.3, the surveyor appointed by petitioner no.1-Company in respect of the petitioner's claim.

2. The petitioner has been paying premiums regularly to the respondent no.1 in accordance with the insurance agreement between the two and produced from time to time the necessary documents in respect of the stock declarations of the petitioner's godowns.

3. On February 21, 2004, a fire broke out in the petitioner's Agarpara Jute Mill at 28, B.T. Road, Kolkata-700 058 at about 1:45 a.m. The petitioner had substantial stocks of material in the said godown, which was damaged by the fire.

4. M/s. PEC Limited, the financer of the petitioner, was informed by the surveyor (respondent no.3) about the said accident.

5. The surveyor duly visited the mill premises and made the necessary inspections. According to the petitioner all documents asked for by the Surveyor from time to time were handed over by the petitioner. However, the respondent no.1-Company/ NICL r