TELECOM DISTRICT GENERAL MANAGER HISAR Vs. USHA GARG

JUDGEMENT

(1.) This is a case of alleged burglary on two different dates, of leather goods and machinery from a manufacturing unit where production was stopped due to considerable loss to the company as the demand for exports had declined sharply. The Insurance Company has repudiated the claim, after the Surveyors had conducted elaborate survey, investigation and analysis.

(2.) Guinea Exports is a partnership firm engaged in the manufacture of leather bags/purses/wallets from finished leather having its factory at Kolkata. The complainant mortgaged land, building, plant and machinery to the Punjab National Bank to avail credit facilities. The last statement of stock, submitted to the bank, was for the period ending on 31st December, 1996, declaring the value of stocks at Rs. 49,18,511. Due to reduction of export orders, that they have been facing financial crunch since the end of 1995. They had engaged Industrial Vigilance and Detective Services as Security Agency in August, 1996 to provide round the clock security at the factory. Since the labour unrest grew and the market situation became unmanageable the complainants had to suspend production from 3rd February 1997. The workers resorted to 'DHARNA' etc. on 3rd February, 1997. Their say is that they had the following stock in the factory : (a) Finished leather 78916.5 sft. valued at Rs. 37,17,966 (b) Finished leather bags 326 pcs valued at Rs. 7,26,385 (c) Goods in process 800 pcs valued at Rs. 3,58,820 (d) Consumable stores and others valued at Rs. 1,15,340 (e) Sewing/skiving machines (10) valued at Rs. 2,00,000 Rs. 51,18,511

(3.) The officers of the National Insurance Company visited the factory and collected the cheque for the insurance on 2nd September, 1997 and two policies were delivered to the complainants on or about 10th September, 1997. The sum insured was Rs. 45,50,000. On 3rd October, 1997 due to anti-social elements of the locality, the security guards fled. The matter was reported to the Beliaghata Police Station. No FIR was recorded by the police who asked the complainants to keep a strict vigil on their factory.