( 1 ) THE Oriental Insurance Company Limited-appellant (original defendant) has filed this appeal against judgement and decree dated 17. 8. 2001 passed by the learned City Civil Judge, Ahmedabad in Civil Suit No. 3769 of 1990. The learned judge by his impugned judgement held that the suit filed by Gujarat State Ware-Housing Corporation -plaintiff be decreed and the appellant-defendant Insurance Company shall pay a sum of Rs. 43,471. 20 with interest at the rate of 12% per annum from the date of the suit till the recovery to the plaintiff and also cost to the plaintiff.

( 2 ) THE facts giving rise to this application are as under:the plaintiff is a statutory Corporation established with an object of providing scientific godown facilities to the private and public sector at competitive rates and it has various such centres all over the State of Gujarat. It has godowns in Ahmedabad and godown at Balaji Estate No. 17 was used for storing fertilizer bags of Gujarat State Fertilizer Co. Ltd. , Vadodara (GSFC for short), the loss of which is the subject matter of of the present appeal. THE defendant Insurance Company issued policy namely Fidelity Insurance Policy covering t