Ifb Industries Limited vs National Insurance Company Limited on 14 July, 2026

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    Calcutta High Court

    Ifb Industries Limited vs National Insurance Company Limited on 14 July, 2026

    Author: Ravi Krishan Kapur

    Bench: Ravi Krishan Kapur

                          IN THE HIGH COURT AT CALCUTTA
                                   ORIGINAL SIDE
                                (Commercial Division)
    
    BEFORE:
    The Hon'ble Justice Ravi Krishan Kapur
    
                                C.S. (COM) No. 601 of 2024
                              I.A./G.A. (COM) No. 3 of 2025
                                            In
                                  IFB Industries Limited
                                           Vs.
                           National Insurance Company Limited
    
    For the petitioner/plaintiff   : Mr. Ratnanko Banerjee, Senior Advocate
                                     Mr. Shatanshu Panda, Advocate.
                                     Mr. Anunoy Basu, Advocate.
                                     Mr. Sayuj Banerjee, Advocate.
                                     Mr. Sohom Sarkar, Advocate.
    
    
    For the respondent/defendant : Mr. Ishaan Saha, Advocate.
                                   Ms. Sananda Ganguly, Advocate.
    
    
    Heard on                       : 17.06.2026
    
    
    Judgment on                    : 14.07.2026
    
    
    Ravi Krishan Kapur, J.:
    

    1. This is an application for judgment upon admission. The suit arises out of a

    claim for insurance. The plaintiff seeks a money decree and consequentially

    SPONSORED

    challenges the repudiation of its claim.

    2. Briefly, the plaintiff is engaged in the business of manufacturing and

    importing consumer durables. The goods manufactured and imported by the

    plaintiff are sold to dealers on a principal to principal basis across the
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    country. For such distribution network, the plaintiff operates a “Hub and

    Spoke” model, wherein a central location (the hub) serves as a point of

    connection for several surrounding locations (the spokes). The plaintiff has

    four hub godowns located at Gurgaon, Chennai, Nagpur and Goa respectively

    and seventy-five branch godowns throughout the country.

    3. The distribution chain of the plaintiff involves the following transits: (i)

    manufacturing locations outside India to the import warehouse in India; (ii)

    import warehouse in India to the hub godown; (iii) manufacturing location in

    India to the hub godown; (iv) hub godown to the branch godown and (v)

    branch godown to the dealer’s godown or warehouse. During such

    distribution and transportation, the plaintiff’s goods are temporarily stored at

    the warehouse at the importing location i.e. the hub godown and the branch

    godown.

    4. In the ordinary course of business, the plaintiff had insured its goods against

    various perils under multiple contracts of insurance with the defendant. The

    two policies which are relevant for the present suit are: (a) the Multi Transit

    Marine Insurance (Marine policy) which covered transit of all the goods

    bearing policy No. 104400211910000001 dated 1st April, 2019, for the period

    1 April, 2019 to 31 March, 2020, for a sum insured of Rs. 10,29,05,00,000/

    and (b) the Standard Fire and Special Perils Policy bearing policy No.

    104400111810000245 dated 24 December, 2018, for the period 24

    December, 2018 to 23 December, 2019, for a sum insured of Rs.

    45,00,00,000/ covering the plaintiff’s hub godown at Gurgaon (the Avvashya

    godown) for the goods stored therein. It is also alleged by the plaintiff that the
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    claim under the Marine Policy was for goods which were stored in the hub

    godown as an intermediate storage point with a cover of 8 weeks i.e. 56 days.

    5. In November, 2019, the plaintiff decided to shift its Gurgaon hub godown

    from the Avvashya godown to a new location at Village Babra Bakipur,

    Gurgaon (the Babra godown). By an email dated 20 November, 2019, the

    plaintiff informed the defendant that it was exiting from the Avvashya godown

    and shifting to the Babra godown. Hence, the request to the defendant to

    incorporate the new address of the Babra godown in the existing Standard

    Fire and Special Perils Policy instead of the Avvashya Godown. Subsequently,

    by a further e-mail dated 22 November, 2019, the defendant duly responded

    by accepting the request and substituting the insured premises under the

    Fire Policy as Babra godown with effect from 1 December, 2019.

    6. On 2 December 2019, a fire broke out at the plaintiff’s Avvashya godown and

    the entire goods stored were destroyed. The incident was immediately

    reported to the defendant by an email dated 3 December, 2019.

    Subsequently, the defendant appointed Mack Insurance Surveyors and Loss

    Assessor Private Limited to assess the loss. The plaintiff submitted necessary

    documents and co-operated in the survey process.

    7. By a Final Survey & Loss Adjustment Report dated 23 March, 2021, the

    surveyor assessed the gross loss suffered by the plaintiff at Rs. 7,67,74,919/-

    and after adjusting certain deductibles, concluded the final loss amount as

    Rs. 6,43,98,111/- under the Marine Policy. For the purposes of this

    application, the plaintiff has restricted its claim to Rs. 6,43,98,111/-, which is

    the amount assessed by the surveyor under the Marine policy. However, the

    surveyor was of the view that the loss was not payable on the ground that
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    there was an alleged endorsement dated 5 April, 2019 by which the

    intermediate storage clause from the Marine Policy had been deleted.

    Subsequently, upon such disputes being raised by the plaintiff against the

    existence and validity of this alleged endorsement, the surveyor, by an

    Addendum Report dated 25 June, 2021, also clarified that the loss was

    neither payable under the Marine Policy or the Fire Policy.

    8. By a letter dated 8 September, 2021, the defendant repudiated the plaintiff’s

    claim on the ground that the same was not payable in terms of the

    recommendations of the surveyor. The plaintiff contested such repudiation

    and diverse correspondence was exchanged between the parties. Ultimately,

    by an email dated 2 May, 2023, the defendant confirmed that the claim of the

    plaintiff had been justifiably repudiated and did not merit any

    reconsideration. Hence, this suit. Upon filing of the suit, the defendant has

    filed its Written statement.

    9. On behalf of the plaintiff it is contended that the defendant has admitted the

    entire distribution chain followed by the plaintiff in the Written statement

    namely, from the manufacturing/importing location to the hub godown, from

    the hub godown to the branch godown and from the branch godown to the

    dealer’s godown. Such admission unequivocally establishes that the hub

    godown is an intermediate point in the transit chain and not the final

    destination. Thus the sequence of transportation of goods is admitted. It is

    also admitted by the defendant that on a reading of the terms of the Marine

    Policy read with clause 8 of the Institute Cargo Clauses (A) and clause 5 of the

    Inland Transit Clause-A it is clear that the insurance cover terminates at the

    time of unloading of the plaintiff’s goods at the branch godown of the plaintiff.
    5

    The defendant has also admitted that intermediate storage means storage at

    the intermediate point prior to unloading of the goods at the final warehouse

    or place of storage. The Marine Policy cover remained in force at the hub

    godown being the stage prior to the branch godown. Thus, on the basis of the

    averments made in the written statement it is admitted that the goods were

    still in transit from the hub godown to the branch godown whereupon they

    were transported to the plaintiff’s dealers or purchasers. The intermediate

    storage cover of 8 weeks is admitted. The Marine policy continued during the

    course of transit and terminated at the time of unloading at the branch. The

    quantum of liability in the report of surveyor assessed such loss at Rs.

    6,43,98,111/- and the plaintiff has restricted its claim for judgment upon

    admission to this amount for the purposes of this application and reserves its

    right to claim the remaining amount at trial In support of such contentions,

    the plaintiff relies on the decision in Uttam Singh Duggal & Co. Ltd. v. United

    Bank of India (2000) 7 SCC 120.

    10. On behalf of the defendant, it is contended that the application is

    misconceived and meritless. There is no admission either in respect of breach

    or quantum of liability which warrants any decree being passed. The terms of

    the Marine Policy read with clause 8 of the Institute Cargo Clauses (A) and

    Clause 5 of the Inland Transit Clause-A establish that the cover terminated

    upon unloading at the final warehouse or place of storage which the

    defendant maintains is the branch godown. The piecemeal reading of the

    written statement does not constitute any admission far less an unconditional

    or unqualified admission. The defendant made an endorsement No.

    104400211982100002 dated 5 April, 2019 in the Marine Policy pursuant to
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    the Regulation dated 22nd March, 2019 issued by the General Insurance

    Corporation of India which clarified the extant position and is binding on the

    plaintiff.

    11. By an email dated 20 November, 2019, the plaintiff informed the defendant

    that it was exiting the Avvashya godown and requested that the Babra

    godown be substituted in the Fire Policy. The defendant accepted the request

    by an email dated 22 November, 2019 and incorporated the insured premises

    with effect from 1 December, 2019. In such circumstances, since the fire

    occurred on 2 December 2019 at the Avvashya godown, which was no longer

    the insured premises, the plaintiff’s claim under the Fire Policy was

    inadmissible and such claim was justifiably rejected under both policies. In

    support of such contentions, the defendant relies on Rajiv Ghosh vs. Satya

    Naryan Jaiswal. 2025 SCC OnLine SC 751, Rajesh Mitra & Ors. vs. Karnani

    Properties Ltd. (2024) SCC OnLine SC 2607, Jeevan Diesels and Electricals Ltd.

    vs. Jasbir Singh Chadha (2010) 6 SCC 601, Pushpa & Ors. vs. Dayawati & Ors

    2026 SCC OnLine SC 1013, New India Assurance Co. Ltd. vs. Pradeep Kumar

    (2009) 7 SCC 787 and Dudh Nath Pandey v. Suresh Chandra Bhattasali,

    (1986) 3 SCC 360.

    12. Order XII Rule 6 of the Code of Civil Procedure 1908 provides as follows:

    6. Judgment on admissions.–(1) Where admissions of fact have been made either in
    the pleading or otherwise; whether orally or in writing, the Court may at any stage of the
    suit, either on the application of any party or of its own motion and without waiting for the
    determination of any other question–between the parties, make such order or give such
    judgment as it may think fit, having regard to such admissions.

    (2) Whenever a judgment is pronounced under sub-rule (1) a decree shall be drawn up in
    accordance with the judgment and the decree shall bear the date on which the judgment
    was pronounced.

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    13. The object of Order XII Rule 6 is to enable a party to obtain a speedy

    judgment at least to the extent of the admissions of the defendant which

    entitle the plaintiff to relief. The Rule enables either party, at any stage of the

    suit, to obtain judgment or an appropriate order on the admissions made by

    the other party. In other words, either party may by availing of this Rule can

    get rid as much of the suit about which there is no controversy. The Rule

    confers a very wide discretion on Court. The Court may at any stage of the

    suit either on an application of any party or on its own motion and without

    determination of any other question between the parties make such order or

    make such judgment as it thinks fit on the basis of an admission made in the

    pleadings or otherwise, whether orally or in writing.

    14. For any exercise of discretion under the above Rule, the admission must be

    clear, unambiguous, unconditional and unequivocal. In construing the

    pleadings filed by a party it is impermissible to dissect the same and the

    pleadings should be read as a whole. In Rajiv Ghosh v. Satya Naryan Jaiswal,

    (Supra), it has been held as follows:

    28. The provisions of Rule 6 are enabling, discretionary and permissive. They are not
    mandatory, obligatory or peremptory. This is also clear from the use of the word ‘may’ in
    the Rule.

    29. The powers conferred on Court by this Rule are untrammeled and cannot be
    crystallized into any rigid Rule of universal application. They can be exercised keeping in
    view and having regard to the facts and varying circumstances of each case.

    30. If the Court is of the opinion that it is not safe to pass a judgment on admission, or
    that a case involves questions which cannot be appropriately dealt with and decided on
    the basis of admission, it may, in exercise of its discretion, refuse to pass a judgement
    and may insist upon clear proof of even admitted facts.

    31. To make order or to pronounce judgment on admission is at the discretion of the court.

    First, the word “may” is used in Rule 6 and not the word “shall” which prima facie shows
    that the provision is an enabling one. Rule 6 of Order 12 must be read with Rule 5 of
    Order 8 which is identical to the Proviso to Section 58 of the Evidence Act. Reading all the
    relevant provisions together, it is manifest that the court is not bound to grant relief to the
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    Plaintiff only on the basis of admission of the Defendant. (See: Sher Bahadur v. Mohd.
    Amin MANU/LA/0103/1929 : AIR 1929 Lah 569).

    15. In Jeevan Diesels and Electricals Ltd. v. Jasbir Singh Chadha (Supra), after

    reviewing the authorities, it was held as follows:

    13. Whether or not there is a clear, unambiguous admission by one party of the case of
    the other party is essentially a question of fact and the decision of this question depends
    on the facts of the case. This question, namely, whether there is a clear admission or not
    cannot be decided on the basis of a judicial precedent. Therefore, even though the
    principles in Karam Kapahi (supra) may be unexceptionable they cannot be applied in the
    instant case in view of totally different fact situation.

    14. In Uttam Singh Duggal & Co. Ltd. v. United Bank of India and Ors. reported in
    MANU/SC/0485/2000 : (2000) 7 SCC 120 the provision of Order 12 Rule 6 came up for
    consideration before this Court. This Court on a detailed consideration of the provisions of
    Order 12 Rule 6 made it clear ‘wherever there is a clear admission of facts in the face of
    which it is impossible for the party making such admission to succeed’ the principle will
    apply. In the instant case it cannot be said that there is a clear admission of the case of
    the defendants-plaintiffs about termination of tenancy by the appellant in its written
    statement or in its reply to the petition of the defendants-plaintiffs under Order 12 Rule 6.

    15. In another old decision of the Court of Appeal in the case of Hughes vs. London,
    Edinburgh, and Glasgow Assurance Company reported in (1891) 8 The Times Law
    Reports 81, similar principles were laid down. Lord Justice Lopes held that judgment
    upon admission under Order 32 Rule 6 should not be entered unless the admission is
    clear and unequivocal. Lord Justice Esher concurred with the said formulation.

    16. In yet another decision of the Court of Appeal in Landergan vs. Feast reported in The
    Law Times Reports 1886-87 Volume 55 at page 42, in an appeal from Chancery Division,
    Lord Justice Lindley and Lord Justice Lopes held that party is not entitled to apply under
    the aforesaid rule unless there is a clear admission that the money is due and recoverable
    in the action in which the admission is made.

    17. In the case of J.C. Galstaun v. E.D. Sassoon & Co., Ltd. reported in 27 CWN (1922-23)
    783, a Bench of Calcutta High Court presided over by Hon’ble Justice Sir Asutosh
    Mookerjee sitting with Justice Rankin while construing the provisions of Order 12, Rule 6
    of the Code followed the aforesaid decision in Hughes (supra) and also the view of Lord
    Justice Lopes in Landergan (supra) and held that these provisions are attracted ‘where
    the other party has made a plain admission entitling the former to succeed. This rule
    applies where there is a clear admission of the facts on the face of which it is impossible
    for the party making it to succeed’.
    In saying so His Lordship quoted the observation of
    Justice Sargent in Ellis v. Allen (1914) 1 Ch. D. 904 {See page 787}.

    16. It is true that in paragraph 3(g) of the Written statement, the defendant has

    alleged that the cover terminated at the time of unloading of the plaintiff’s

    goods at the branch godown and that intermediate storage means storage at

    the intermediate point prior to unloading of the goods at the final warehouse
    9

    or place of storage. Nevertheless, the defendant’s express denials in the

    subsequent paragraphs i.e. 3(ii), 3(jj), 3(kk), and paragraph 5 of the written

    statement cannot be ignored. In paragraph 5 of the written statement, it has

    been categorically denied that under the Marine Policy, the plaintiff’s goods

    remained insured for a further period of 56 days after they had arrived and

    were unloaded at the plaintiff’s branch godown, which is the final warehouse

    or place of storage under the Marine policy.

    17. On a complete reading of the written statement, the defendant has not made

    any admission that the goods at the hub godown were covered under the

    Marine Policy at the time of the fire. On the contrary, the defendant has

    specifically denied that the hub godown was covered as an intermediate

    storage point. The defendant has also denied that the 56 day intermediate

    storage clause was a negotiated term under any of the above two policies. The

    defendant has also denied that the premium was calculated based on such

    clause. The defendant has denied that the cover continued for any period

    after the goods were unloaded at the hub godown.

    18. In view of the above, the plaintiff’s attempt to selectively read the written

    statement is precisely the kind of piecemeal reading which is impermissible

    while dealing with such applications. In this context, in Pushpa & Ors. v.

    Dayawati & Ors. (Supra), the Hon’ble Supreme Court has held as follows:

    39. While examining the question as to whether the aforesaid statement constitutes an
    admission within the meaning of Order XII Rule 6 of the CPC, it becomes necessary to
    read the written statement as a whole. We have, therefore, carefully examined the
    entirety of the written statement filed by defendant No. 3. In our considered opinion, the
    approach adopted by the High Court in isolating a single portion of the written statement
    and construing the same as an unequivocal admission of liability is legally unsustainable,
    as it is well settled that pleadings cannot be read in a piecemeal manner and must be
    construed holistically.

    10

    19. In such circumstances, the averments in paragraph 3 of the written

    statement cannot be treated as admissions of fact which per se entitles the

    plaintiff to a decree. On a full and complete reading of the written statement

    the question of whether the hub godown was a transit waypoint or a pre-

    determined destination under the policy is a mixed question of law and fact

    requiring fuller examination at trial and is insufficient to constitute an

    admission warranting passing of a decree. Even assuming that the

    defendant’s statements in paragraph 3(g) were to be construed as an

    admission of the terms of the policy, the defendant has in paragraph 5(xvi)

    categorically denied liability and alleged that it is not estopped from relying on

    the true terms and conditions of the policy including the validity, authenticity

    and evidentiary value of the endorsement dated 5 April 2019. Similarly, there

    is also a factual dispute about whether the receipt of the goods within the

    period is covered under the policy or not. This cannot constitute an admission

    far less a clear, categorical or unequivocal admission. [Dudh Nath Pandey v.

    Suresh Chandra Bhattasali, (Supra) and Himani Alloys Ltd. vs. Tata Steel Ltd.

    (2011) 15 SCC 271].

    20. In this connection, the plaintiff’s email addressed to the defendant dated 20

    November, 2019 is also relevant in examining the existence of disputed

    questions of fact. By such email, the plaintiff informed the defendant that it

    was exiting from the Avvashya godown and moving to a new location and

    requested the defendant to incorporate the new Babra godown in the existing

    Standard Fire and Special Perils Policy in place of its Avvashya Godown. By

    its response dated 22 November 2019, the defendant accepted the request

    and replaced the insured premises under the Fire Policy to the Babra godown
    11

    with effect from 1 December, 2019. No contemporaneous objection was raised

    by the plaintiff. Prima facie, this shows that the plaintiff itself treated the

    Avvashya godown as a location from which it was exiting and not as a location

    which should continue to be remain covered. The plaintiff’s subsequent

    assertion that it only requested an ‘addition’ and not a ‘deletion’ requires

    further examination and cannot be adjudicated upon in this summary

    jurisdiction. In such circumstances, the pleadings when read as a whole

    reveal several disputed questions of fact and law which require further

    adjudication. The alleged admission is qualified and textual. The plaintiff’s

    attempt to selectively rely on a solitary paragraph in the written statement

    while ignoring the remaining denials is precisely the kind of reading which is

    prohibited.

    21. The report of the surveyor even insofar as assessment of quantum is

    concerned cannot be the basis for any decree without any further

    examination. In any event, the report of the surveyor is per se not the last and

    final word moreso when the claim of the plaintiff has been ultimately rejected.

    The report also requires to be read as a whole. The defendant has also

    disputed the surveyor’s assessment of liability in rejecting the claim. The

    plaintiff cannot pick and choose the surveyor’s figure insofar as quantum is

    concerned and disregard the portion of the report where liability has been

    rejected. The report must be read in its entirety. A surveyor’s report is neither

    sacrosanct nor conclusive. It is neither binding upon the insurer nor the

    insured and cannot be the sole basis of a judgment on admission. This is also

    statutorily recognized under section 64 UM(4) of the Insurance Act 1938. In

    any event, the challenge by the plaintiff to the Addendum Report on the
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    ground that it was commissioned without notice to the plaintiff is a triable

    issue. In this background, any reliance on the surveyor’s assessment as an

    admission of fact is erroneous and misplaced. In New India Assurance Co.

    Ltd. v. Pradeep Kumar, (Supra), it has been held as follows:

    22. In other words although the assessment of loss by the approved surveyoris a
    prerequisite for payment or settlement of claim of twenty thousand rupees or more by
    insurer, but surveyor’s report is not the last and final word. It is not that sacrosanct that it
    cannot be departed from; it is not conclusive. The approved surveyor’s report may be the
    basis or foundation for settlement of a claim by the insurer in respect of the loss suffered
    by the insured but surely such report is neither binding upon the insurer nor insured.

    22. In view of the contested factual and legal disputes raised in this application

    there are several issues which necessarily require further adjudication and

    cannot be determined without trial. Such questions inter alia involve (a)

    whether the incident of fire occurred within the period of cover envisaged

    under the Marine policy or not, (b) whether the alleged endorsement dated 5th

    April, 2019 deleting the intermediate storage clause from the Marine Policy is

    valid and binding or not; (b) whether the premium was calculated based on

    the intermediate storage clause or whether the clause was a standard

    provision; (c) whether the hub godown was the final warehouse or place of

    storage or an intermediate point under the Marine Policy; (d) whether the

    plaintiff’s goods were covered from the time of manufacture or import until

    the time of delivery to the dealer; (e) whether the Avvashya godown was still

    covered under the Fire Policy at the time of the fire or whether the defendant

    was justified in replacing the insured premises with the Babra godown

    effective 1 December, 2019; (f) whether the surveyor’s assessment of Rs.

    6,43,98,111/- is final, conclusive and binding on the defendant and (g)

    whether the intermediate storage clause covered intentional storage of goods
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    post completion of transit by unloading goods at the destination warehouse

    pending onward sale to the distributors.

    23. To reiterate, this is not a case where there is any conscious or deliberate

    admission which is clear and positive entitling the plaintiff to any decree.

    There are no admissions either of liability or quantification which would lead

    to the conclusion of non-suiting the defendant or shutting out the defendant

    from establishing its case at the trial. There can be no decree for judgment

    upon admission based on surmises, conjectures and inferences. In view of the

    above, there is no merit in this application and the same is dismissed GA 3 of

    2025 stands disposed of. The suit should proceed to trial on all issues. The

    parties are directed to take expeditious steps for hearing of the suit.

    (Ravi Krishan Kapur, J.)



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