Sethia Jewellers vs The New India Assurance Co. Ltd
2025 Latest Caselaw 2894 Cal/2

Calcutta High Court

Sethia Jewellers vs The New India Assurance Co. Ltd on 31 October, 2025

OCD-9
                             ORDER SHEET

                   IN THE HIGH COURT AT CALCUTTA
                        COMMERCIAL DIVISION
                            ORIGINAL SIDE

                          CS-COM/666/2024
                        [OLD NO. CS/255/2018]

                        SETHIA JEWELLERS
                                VS
                 THE NEW INDIA ASSURANCE CO. LTD.

 BEFORE:
 The Hon'ble JUSTICE KRISHNA RAO
 Date : October 31, 2025.
                                                                     Appearance:
                                                    Mr. Rudradeb Chaudhuri, Adv.
                                                             Mr. K. N. Jana, Adv.
                                                                 ...for the plaintiff

                                                 Mr. Soumendranath Ganguly, Adv.
                                                                Mr. Jit Ray, Adv.
                                                          Mrs. Sneha Dutta, Adv.
                                                           Ms. Suparna Das, Adv.
                                                              ...for the defendant

  1.

Counsel for the defendant has filed affidavit of documents. Let the

same be kept with record.

2. Both parties have filed suggested issues.

3. Heard learned Counsel for the respective parties. Perused the

pleadings and suggested issues.

4. The following issues are framed:-

Issues:-

i) Whether the present suit is maintainable in law or in facts in

its present form?

ii) Whether the terms & conditions of the relevant jeweller's

block insurance policy bearing no. 14010046160700000008

valid for the period from 31st May, 2016 to 30th May, 2017

were binding between the plaintiff and defendant?

iii) Whether the surveyor's report issued by Ms. Bhadra

Insurance Surveyors and Loss Assessment Pvt. Ltd dated 1st

August, 2017 is correct and valid within the four corners of

the said relevant jeweller's block insurance policy?

iv) Did the plaintiff breach General Condition No. 10 of the

Jewellers Block Insurance Policy?

v) Was the purported repudiation of the claim of the plaintiff

made by the defendant's letter dated 23rd January, 2018

logical, legal and made within the purview and scope of the

subject policy?

vi) Whether the plaintiff is entitled to get decree with respect of

the principal amount along with interim interest and interest

upon judgment at the rate of 18% per annum as prayed for?/

5. Counsel for the plaintiff is directed to file affidavit of admission and

denial of the document within a week after serving the copy to the

Counsel for the defendant.

6. Counsel for the plaintiff is also directed to file Judge's Brief of

Documents within four weeks from date. Affidavit of evidence of the

plaintiff's witness No. 1 be filed within two weeks thereafter after

serving the copy to the learned Counsel for the defendant.

7. Let the matter appear on 12th January, 2025 at 2:00 pm for witness

action.

(KRISHNA RAO, J.)

Sbghosh