BABU TEXTILE INDUSTRIES Vs. BRANCH MANAGER

JUDGEMENT

(1.) Rule. Mr. Maulik J Shelat, learned advocate waives service of rule for respondent.

(2.) All the three petitions are closely interconnected and there is a common report of the Surveyor in respect of the properties of the petitioners of these petitions and there is common correspondence exchanged between the petitioners and respondent insurance company, these petitions are heard together and now they are being disposed of by this common judgment. The details regarding claim made by the petitioners are not much relevant in respect of these petitions. The facts of Special Civil Application No. 11895 of 2007 alone are stated in this judgment. The facts of other petitions are more or less on the same line.

(3.) The petitioner has approached this Court under Article 226 of the Constitution of India to seek appropriate direction on the respondent insurance company to release a sum of Rs.4,33,838/- in favour of the petitioner with interest with liberty to receive the same under protest by the petitioner to enable it to approach appropriate forum for claiming the balance/deficit amount towards the insurance claim.