P.B.Mukharji, J. - (1.) THIS is an application by Jupiter General Insurance Company Limited to set aside an award by Sir Rupendra Coomar Mitter dated 12-4-1955 and to declare it null and void.
(2.) THE dispute is between the applicant, an Insurance Company, and the Corporation of Calcutta. It arises out of a policy of insurance No. C. T. 890 which the Corporation of Calcutta took cut on 19-4-1952 whereby the Insurance Company agreed to indemnify the Corporation up to a limit of Rs. 1.50,000/- against any loss of money occasioned by robbery, theft, or any other cause whatever whilst in transit. What happened was that on 3-12-1952, a bag containing cheques of the value of Rs. 2,36,179*13-6 and cash amounting to Rs. 28,694-7-6 was removed at about 12 noon by an undetected thier from the office table of Bhupendra Krishna Sinha, a general clerk employed in the Treasurer's Department of the Corporation of Calcutta. Payment of the cheques was stopped and the moneys covered by such cheques were recovered by the Corporation of Calcutta from the drawees. But the cash money, amounting to Rs. 28,694-7-6 could not be recovered. The Corporation demanded this money from the Insurance Company under the policy. The insurance company disputed the claim.
(3.) THE dispute was referred to two Arbitrators at first, each being a nominee of the respective disputants. THEse Arbitrators disagreed. THE dispute thereafter was referred to the umpirage of Sir Rupendra Coomar Mitter.;