JUDGMENT :

Biswajit Mohanty, J.

This writ application has been filed with a prayer to direct opposite parties to settle the claim regarding damage caused at the petitioner’s mill on account of fire accident and to pay the said amount to the petitioner’s mill.

2. According to Mr. U.K. Samal, learned counsel for the petitioner, the case of the petitioner is that the petitioner mill had participated in Kharif Marketing Season 2013-2014 and had procured paddy for milling. The paddy so procured, were stored in the godown of the petitioner’s mill. As per Clause 23 of the agreement under Annexure-A/2 executed between the petitioner’s mill and Odisha State Civil Supplied Corporation Limited (opposite party no.2) for KMS 2013-14 it was specifically mentioned as follows:

“Clause-23 Insurance:-It is the responsibility of the Custom Miller for safe and scientific storage of paddy, rice keep under joint custody and gunny bags supplied by Corporation OSCSC head office on behalf of the custom miller shall take up Standard Fire Policy of the stock with nationalized insurance company as insurance against fire and allied perils for stocks. The Corporation shall not be responsible for any damage of stock