Mr. Justice D.P.S. Choudhary, President—Complainant has filed the complaint petition against the O.P. with a prayer for settling the insurance claim of the complainant as quantified at Rs. 5,33,371.75 paise besides interest.

2. The brief fact of the case is that the complainant firm M/s. Khaitan Enterprises which dealt with the distribution of surgical manufacturing companies having its office at Frazer Road, Patna-1, was insured with the O.P. Nos. 1 to 4. O.P. No. 5, the Union Bank of India is the banker of the Firm. It is alleged that on 29.7.1994, the complainant learnt that a theft was committed in the premises of the firm and an FIR was lodged with the Kotwali Police Station on the same day. A case under Section 379/461, I.P.C. bearing Kotwali Police Case No. 281/1994 was registered against unknown. The police submitted final report on 31.8.1994 stating case true against the unknown, which was accepted by the C.J.M., Patna. It is also alleged that the period of Insurance was from 10.9.1993 to 9.9.1994 and the theft took place within the period of Insurance. The complainant placed the claim before the O.Ps. on 3.8.1994. The Insurance Company asked for several documents, whi