J. P. SINGH, J. - (1.)M/s. Naqash Royal Arts, the appellant, had insured its Pashmina, Woolen Handkerchiefs, shawls, and finished/semi finished embroidery products stocked in his house/showroom situated at Sheikh Mohalla Maharaj Gunj, Srinagar, for an amount of Rs. 30.00 lacs with the United India Insurance Co. Ltd., the respondent, in terms of Fire Policy "C" issued by the company in this behalf which had to remain operative from January 13,1997 to January 12, 1998.
(2.)Some unidentified gunmen are stated to have broken open the premises of the appellant's showroom on March 15, 1997. They made forcible entry into the premises where the stocks, covered by the Insurance Policy, had been stored. The inmates of the house arid the neighbours could not resist because of the threat of the intruders who therefore succeeded in 'decamping with the stocks. FIR No. 34/1997 was registered with the Police Station M. R. Gunj Srinagar under Section 392 of the Ranbir Penal Code and 7/25 of the Arms Act in this behalf.
(3.)A claim was thereafter lodged by the appellant with the Respondent-company seeking payment of Rs. 15.00 lacs, the loss which the appellant is stated to have suffered because of the robbery committed by the unidentified gunmen who had taken away the stocks.