- (1.) The instant writ petition was moved, inter alia, for issuance of a writ in the nature of Mandamus directing New India Assurance Company the respondent No. 1 to pay the claim of the writ petitioner arising out of the transaction in respect of Policy No. 2312100641(2) dated September 8, 1981. The writ petition was admitted by Susanta Chatterjee, J. on July 14, 1988 when the petitioner was directed to serve copy of the writ petition upon the respondents within four weeks. Thereafter, hearing of the writ petition was fixed by my order dated December 20, 1988 and the writ petition was heard in presence of the respondents after completion of affidavits.
(2.) The facts of the writ petition are as follows:- Dilip Kumar Ghosh the petitioner herein carries on business under the name and style of "Jayer Exports" as sole proprietor thereon having its office and place of business at Village - Santoshpur, Police Station - Maheshtala District 24 - Parganas. The main business of the petitioner is the manufacturer of surgical dressings, medical bandages, absorbent cotton wool and various other types of cotton products required in medical profession for surgical purpose. The petitioner firm exports these products to various overseas customers in foreign countries.
(3.) The petitioners received an order dated June 9, 1981 from Messrs. Patel Wholesale House, a foreign buyer, having its place of business at Post Box No. 5130 in Limba, Malawi whereby the petitioner was directed to supply surgical dressings and other medical items. The value of the said order is 21,207.50 (C.I.F.).;