IN THE HIGH COURT AT CALCUTTA

Commercial Appellate Division

ORIGINAL SIDE

Present:

The Hon’ble Justice Arijit Banerjee

AND

The Hon’ble Justice Rai Chattopadhyay

APD/1/2020

IA NO. GA/2/2020 (Old No: GA/262/2020)

National Insurance Company Limited

Vs.

Sethia Oil Industries Limited and Anr.

For the Appellant : Mr. Malay Kumar Ghosh, Ld. Senior Adv.

: Mr. Saumyen Dutta, Adv.

: Ms. Dolon Das Gupta, Adv.

:

For the respondent No. 1 Mr. Sakya Sen, Ld. Senior Adv.

: Mr. Rudrajit Sarkar, Adv.

: Mr. Jai Kumar Surana, Adv.

: Mr. Abhimanyu Roy, Adv. : Ms. Vanshika Newar, Adv.

Heard on : 18.07.2025 Judgment on : 20.08.2025

Rai Chattopadhyay, J. :-

(1) A judgment of the Hon‟ble Single Judge dated October 1, 2019 in

CS No. 99 of 2008 is under challenge in this appeal that is, APD No. 1 of 2020. The suit involved the question of legality, propriety and justifiability of repudiation of claim for the loss and damage of the present

respondent/plaintiff insured under a policy, with the appellant/insurance company; that whether the respondent/plaintiff was entitled to redemption of damages for the loss said to have suffered by the same.

(2) The respondent/plaintiff has claimed in the said suit a decree for recovery of Rs. 73,2