Sangeeta Chandra, J. - (1.) This writ petition as was initially filed bore the caption "under Article 226/227 of the Constitution of India" and prayer made by the Insurance Company was for writ a in the nature of "certiorari" for quashing the order impugned dated 03.09.2002 passed on application paper no.129 Ga2, which was moved by the Insurance Company, who is the defendant-respondent in the Original Suit no.855 of 1998, which was rejected by the Court of Additional Civil Judge (Senior Division) Court no.3, Kanpur Nagar.
(2.) At the outset counsel for the petitioner has prayed that the reliefs prayed for in so far as the language in which it has been drafted may be modified and only a direction may be issued to set aside the order dated 03.09.2002 passed by the Court below, in terms of the Hon'ble Supreme Court in the case of Radhey Shyam v. Chhabinath 2015 (5) SCC 423.
(3.) On merits of the case learned counsel for the petitioner submitted that three different polices were taken by the plaintiff/respondent no.1 for insuring his shop building, the furniture, the stocks and due to fire occurring on the premises, the stock etc. were destroyed. The claim of the plaintiff/respondent was investigated by four surveyors at different points of time and they all submitted reports for rejection of the claim, on the ground that it was not covered and under the policies taken by the plaintiff/respondent.;