N.V. ANJARIA, J.

1. Whether there can be a smoke without fire is the poetically put, but the succinctly posed legal question arising in this petition. The petitioner’s claim for loss of goods under the fire insurance policy has been negatived on the logic that though the smokes were evident and admitted, there was no evidence of fire.

2. The respondent-United India Insurance Company Limited refused to sanction the claim of the petitioner towards fire insurance as per decision conveyed in letter dated 25.06.2009 on the ground that the loss of stock of the insured goods tobacco occurred due to the internal heat of spontaneous combustion inside the stock and not by fire. Therefore, the loss would not fall under the purview of the policy.

3. The relevant facts may be noticed. The petitioner is engaged in the business of tobacco and has its factory at Village Samarvada, Taluka Dhanera. As done every time, the factory building, plant & machinery, furniture as well as stock of goods tobacco were insured by the petitioner with the respondent company. The last policy issued by the Insurance company was for the period from 19.07.2006 to midnight of 18.07.2007, for a total sum of Rs. 8