M D ORIENTAL INSURANCE Vs. STATE OF BIHAR

JUDGEMENT

(1.) HEARD learned counsel for the petitioners and learned counsel for the opposite party.

(2.) THE petitioners all five in number are working in the Oriental Insurance Company, Limited as Manager at the center, in different offices of the company. THE opposite party no. 2 JMD Foot Wear Private Limited is a business undertaking which had taken loan from the Bank and set up a shop for sale of Shoes known as "Khadims". It is alleged in the complaint petition that the petitioners 4 and 5 persuaded the opposite party no. 2 to take the insurance from its company. THE petitioner took insurance policy covering, burglary which is Annexure-2 to this application. THE document is admitted by both the parties. In between the night of 21st and 22nd of February, 2003, a burglary was committed in the shop of opposite party no. 2. THE F.I.R. was instituted on behalf of the opposite party no. 2 and a search was made and final form was submitted against unknown persons.