Point of law: While dealing with the present appeal, one has to bear in mind that a intra-Court appeal is really not a statutory appeal preferred against the judgment and order of an inferior to the superior Court. The appeal inter se in a High Court from one Court to another is really an appeal from one coordinate Bench to another Coordinate Bench and it is for this reason that a writ cannot be issued by one Bench of the High Court to another Bench of the High Court nor can even the Supreme Court issue writ to a High Court.

JUDGMENT :

J.B.PARDIWALA, J.

1. Since the issues raised in all the captioned three appeals are interrelated and the parties are also the same, those were take up for hearing analogously and are being disposed of by this common judgement and order.

2. We first start with the Letters Patent Appeal No.1070 of 2016.

3. This appeal under Clause 15 of the Letters Patent is at the instance of the original respondents Nos.1, 2 and 3 respectively of a writ application filed by the respondent No.1 herein (original writ applicant) and is directed against the judgement and order passed by a learned Single Judge of this Court dated 8th September 2016 in the Special Civil Application No.8516 of 2005, by which the learned Single Judge allowed the writ application directing the appellants to pay an amount of Rs.25,43,000/- towards the insurance claim put forward by the original writ applicant.

4. The facts giving rise to this appeal may be summarized as under:

5. The original writ applicant filed the Special Civil Application No.8516 of 2005 seeking the following reliefs:

“(A) issue a writ of mandamus or any other writ, direction and/or order in the nature of mandamus declaring the communication intimating the repudiation of the petitioner’s claim (Annexure “H”) as illegal, arbitrary, unreasonable and violative of Articles 14 and 19 (1) (g) of the Constitution of India;

(B) be further pleased to hold and declare that unilateral and noncommunicated exclusion of the floater facility is illegal, arbitrary, violative of Article 14 and 19 (1) (g) of the Constitution of India and Regulations 2002 and the respondent Insurance Company be directed to treat the policy in question with a floater facility as previously enjoyed by the insured-petitioner and premium directly paid by respondent No.4-Dahod Urban Coop. Bank be further be directed to consider and accept the claim of the petitioner made in pursuance to the incident dated 3.2.2004 as per the report of the surveyors (Annexure “E”) with further direction to consider the same with necessary corollary such as interest etc and be further pleased to direct the respondent – insurance company to treat the said fire policy as operative qua the affected premises;

(C) Pending hearing and final disposal of the present petition, the Hon'ble Court be pleased to direct the respondent – Insurance Company to reconsider and review the decision of repudiation of the petitioner’s claim in the light of the decision of the respondent – insurance company having head office at Kolkata in accordance with law;

(D) Pending hearing and final disposal of the present petition, the Hon'ble Court be pleased to stay the implementation, execution, operation and effectuation of the impugned decision of repudiation vide communication at Annexure “H”.

(E) Pending hearing and final disposal of the present petition, the Hon'ble Court be pleased to direct the respondent – Insurance Company to deposit the amount of claim assessed by the appointed licensed surveyors with this Hon'ble Court;”

(F) grant ad-interim relief in terms of aforesaid clauses (B) and (C);

(G) award the costs of the petition;

(H) award any such other and further reliefs deemed fit and expedient in the interest of justice.”

6. M/s. Shreenath Industries (“Shreenath” for short) is a partnership firm. It is duly registered under the Partnership Act, 1932. It is engaged in the business of jute bags, colloquially called “Bardan”. Its predominant area of operation is at Dahod. Since 1990, Shreenath is insuring on yearly basis its jute bags stored in its godowns at Dahod against the perils of fire, earthquake and terrorism with the National Insurance Company Limited (“National Insurance” for short).

7. Till 2001, Shreenath had only one godown located at C/1 217, GIDC, Dahod. Hence, from 1990 to 2001, Shreenath had the insurance policy on yearly basis from the National Insurance against the aforesaid perils confined to the jute bags stored at the said godown. Such insurance policy is cal