Holding

The insurer was justified in repudiating the claim because the appellant stored more than 20 kilolitres of hexane without the requisite licence under the Petroleum Act and the 1976 Petroleum Rules, and the non‑disclosure of this material fact violated the policy.

Summary

M/s Baspa Organics Ltd. (appellant) purchased a chemical plant and continued a fire‑and‑special‑perils insurance policy issued by United India Insurance Ltd. (respondent). After a fire in January 2002, the insurer denied the claim, alleging that the appellant had over‑valued the plant and had failed to disclose that it stored more than 20 kilolitres of n‑Hexane without the licence required under the Petroleum Act and the Petroleum Rules, 1976. The National Consumer Disputes Redressal Commission upheld the insurer's repudiation, and the appellant appealed to the Supreme Court under the Consumer Protection Act. The Court examined the definitions of petroleum Class A, the licensing thresholds under Articles 3, 6 and 7 of the 1976 Rules, and the exemption under the Essential Commodities Act, concluding that the exemption did not obviate the need for a petroleum licence. It held that the appellant’s non‑disclosure was a material misrepresentation breaching Clause 1 of the policy, justifying the insurer’s denial. The Court dismissed the appeal, leaving the insurer’s repudiation intact.

Issues considered

Whether the appellant was required to obtain a licence for storing n‑Hexane under the Petroleum Act, 1934 and the Petroleum Rules, 1976, and whether the failure to disclose this was a material misrepresentation under the insurance policy.
Whether the exemption provided by the Essential Commodities Act, 1955 (2000 Order) for storage of up to 20 KL of solvents applied to the appellant’s situation.
Whether the appellant’s alleged over‑valuation of the factory constituted fraud under Clause 8 of the insurance policy.

Legislation cited

Consumer Protection Act, 1986s. 23
Essential Commodities Act, 1955s. 3(1), s. 3(2)(d)
Petroleum Act, 1934s. 2(b)
Petroleum Rules, 1976s. Article 3, s. Article 6, s. Article 7, s. Rule 2 (clauses xv, xxii, xxi, xiv)

Subjects

insurance claimfire and special perils policymaterial misrepresentationlicensing requirementPetroleum ActPetroleum Rules 1976hexaneEssential Commodities ActConsumer Protection Actrepudiationovervaluation

Judgment

[2020] 2 S.C.R. 843 843

M/S BASPA ORGANICS LIMITED A
v.
UNITED INDIA INSURANCE COMPANY LTD.
(Civil Appeal No. 13401 of 2015)
FEBRUARY 14, 2020 B
[MOHAN M. SHANTANAGOUDAR AND
R. SUBHASH REDDY, JJ.]
Consumer Protection Act, 1986: Fire and Special Peril policy
– Insurance claim – Repudiation of claim – On the ground of
C
suppression of material fact of not being duly licensed for storage
and use of Hexane at the factory – Held: In terms of either Article
3 or 7 of the Petroleum Rules, 1976, the Appellant was required to
obtain a license for the purposes of storing Hexane in excess of 20
kilolitres – The quantity of Hexane stored by the Appellant was
more than 20 kilolitres – In the absence of a license, the Appellant D
could not have lawfully stored Hexane – Non-disclosure of non-
possession of a licence was of a material nature, and constituted a
violation of Condition 1 of the insurance policy – Insurer was
justified in repudiating the claim of the Appellant on this ground –
Petroleum Rules, 1976 – rr.3 and 7 – Petroleum Act, 1934 – s.2(b).
E
Dismissing the appeal, the Court
HELD: 1.1 As per Section 2(b) of the Petroleum Act, 1934,
petroleum Class A means petroleum having a flash-point below
23°C. As per the records of physical properties of selected
chemicals prepared by the NFPA, the flash point of n-Hexane is F
-23°C. Admittedly, the substance being stored by the Appellant
was n-Hexane, or normal Hexane. Since the flash point of the
substance is well below 23°C, it can safely be said that it falls
under the category of petroleum Class A. [Paras 9, 10][849-G-H;
850-A-D]
G
1.2 Section 8 of the Petroleum Act makes it clear that for
the storage of petroleum Class A less than 30 litres in quantity,
no licence is required under the Petroleum Act or rules
thereunder. As per Article 3, a licence issued by the District

H
843
844 SUPREME COURT REPORTS [2020] 2 S.C.R.

A Authority is required for importing and storing petroleum Class
A in a quantity not exceeding 300 litres. Thus, the Respondent
may be justified in arguing that for storage of petroleum Class A
ranging from 30 litres to 300 litres in quantity, a licence under
Article 3 may be required. However, in the instant case, the
Appellant had stored much more than 300 litres of Hexane, and
B
therefore, a licence under Article 3 was not sufficient. [Para 13,
13.1][851-D; G-H; 852-A]
1.3 The expression “petroleum in bulk” as defined in clause
(xv) of Rule 2 of the 1976 Rules means petroleum contained in a
tank irrespective of the quantity of petroleum contained therein.
C The term ‘tank’ is defined in clause (xxii) of rule 2 as a receptacle
for petroleum exceeding 1000 litres in capacity. From the
definitions, it becomes evident that irrespective of the quantity
of petroleum, when petroleum is stored in a tank, it is referred to
as “petroleum in bulk” under the 1976 Rules. Article 7 deals with
D the grant of a licence for storage of petroleum otherwise than in
bulk, i.e. otherwise than in a tank. In other words, for petroleum
Class A exceeding 300 litres, a licence under Article 7 is required
when it is not being stored in receptacles exceeding 1000 litres
in capacity. [Para 14, 14.1, 15][852-B-F]
E 1.4 A store shed, is a building where petroleum is stored
otherwise than in bulk, i.e., otherwise than in receptacles with a
capacity of over 1000 litres. Clause (xxi) of Rule 2 states that a
store shed may be a part of an “installation”. This term is also
defined under the 1976 Rules, in clause (xiv) of Rule 2. Upon
reading the definitions of “store shed” and “installation” together,
F it becomes clear that “installation” carries a much broader
meaning. In order for any premises to be an “installation” under
the 1976 Rules, it must necessarily contain a place specially
prepared to store petroleum in bulk. At the same time, an
installation may also have the capacity to store petroleum
G otherwise than in bulk. An installation, therefore, may consist of
both tanks and storage sheds, or it may consist only of tanks.
[Paras 16, 17][853-B-F]
2.1 In the instant case, the second surveyor clearly stated
that the Hexane had leaked from the tanks in which it was stored.
H However, it is not clear from the material on record whether or
M/S BASPA ORGANICS LIMITED v. UNITED INDIA 845
INSURANCE COMPANY LTD.

not the term “tank” was assigned the same meaning as under A
the 1976 Rules. If the tanks referred to by the second surveyor
were receptacles that could not store more than 1000 litres of
petroleum, then they would not constitute “tanks” under the 1976
Rules, and the petroleum stored in such tanks would fall under
the category of petroleum stored “otherwise than in bulk”. In such
B
a case, a licence would be required under Article 7. [Para 18][853-
F-H]
2.2 The application preferred by the Appellant to obtain a
licence under Article 6 of the First Schedule to the 1976 Rules,
which pertains to the import and storage of petroleum in an
installation, vide letter dated 22.10.2001. In its response to the C
said application, the Controller of Explosives, Nagpur noted by
letter dated 05.11.2001, that the drawings of the site and layout
of the proposed installation had been approved, subject to the
condition that the pump/motor to be incorporated were flame
proof, in accordance with IS:2148. The communication clearly D
indicated that even the Controller of Explosives was of the opinion
that the premises where the Appellant was storing Hexane
amounted to an “installation”. For a premises to be considered
as an installation, it must contain a place prepared to hold “tanks”
as defined under the 1976 Rules. This strongly suggested that
the “tanks” referred to by the second surveyor were indeed E
“tanks” as envisaged under the 1976 Rules. This shows that the
Appellant may well have been required to obtain a licence under
Article 6 itself. It was not the case of the Appellant that it provided
the documents stipulated by the Controller of Explosives. There
was nothing on record to show that a licence under Article 6 was F
granted to the Appellant. The Appellant was required to obtain a
licence under the 1976 Rules for the storage of Hexane, be it
under Article 6 or 7, and has failed to show that it possessed any
such licence. [Paras 19-22][854-A-B; E-H]
3.1 The Central Government has the power to pass orders G
under the Essential Commodities Act to provide for licensing
regimes governing the storage of an essential commodity, in
pursuance of the three objectives set out in Section 3(1). The
2000 Order is one such order, providing for a licensing regime
regulating the acquisition, sale, storage and prevention of use in
H
846 SUPREME COURT REPORTS [2020] 2 S.C.R.

A automobiles of solvents, raffinates and slops, particularly for the
purposes of the Essential Commodities Act. There is nothing in
the said order to suggest that it intends to replace or modify any
other existing licensing regime under any other law in force,
including the Petroleum Act and the rules formulated thereunder.
[Para 28][856-F-H]
B
3.2 There cannot be any dispute that the licence issued
under the Essential Commodities Act and control orders are for
a different purpose altogether compared to the Petroleum Act.
The direction of the Controller of Explosives by letter dated
05.11.2001 to comply with the requirements under the 2000 Order
C is an additional requirement to be complied with in order to obtain
a licence under the Petroleum Act. It cannot be said that an
exemption from obtaining a licence under the 2000 Order would
amount to an exemption to obtain a licence under the Petroleum
Act. Hence, even assuming that the Appellant was exempt from
D obtaining a licence under the 2000 Order by virtue of the said
exemption, the Appellant was still required to obtain a licence in
accordance with the 1976 Rules. The quantity of Hexane stored
by the Appellant was more than 20 kilolitres. Hence, the Appellant
was required to obtain a licence under the 2000 Order as well.
It is evident that the 1976 Rules prescribed that a licence had to
E be obtained for the purposes of storing Hexane of the quantity
involved in the instant case, and the Appellant has failed to comply
with this requirement. In the absence of such a licence, the
Appellant could not have lawfully stored Hexane. Therefore, the
non-disclosure of the non-possession of a licence was of a material
F nature, and constituted a violation of Condition 1 of the insurance
policy. The Respondent was justified in repudiating the claim of
the Appellant on this ground. [Paras 30, 31][857-B-G]
CIVIL APPELLATE JURISDICTION: Civil Appeal No. 13401
of 2015.
G From the Judgment and Order dated 21.07.2015 of the National
Consumer Disputes Redressal Commission, New Delhi in Original
Complaint No. 48 of 2004.
S.S. Naphade, Sr. Adv., Rajiv Raheja, Vipul Raheja, Ms. Lakshmi
Iyer, Ms. Aishwarya Dash, Advs. for the Appellant.
H
M/S BASPA ORGANICS LIMITED v. UNITED INDIA 847
INSURANCE COMPANY LTD.

P.P. Malhotra, Sr. Adv., Vineet Malhotra, Mohit Paul, Ms. Sunaina A
Phul, Advs. for the Respondents.
The Judgment of the Court was delivered by
MOHAN M. SHANTANAGOUDAR, J.
1. The present appeal arises out of the judgment dated 21.07.2015 B
passed by the National Consumer Disputes Redressal Commission, New
Delhi (“National Commission”) dismissing the consumer complaint
(Original Petition No. 48 of 2004) filed by the Appellant herein.
2. The facts giving rise to this appeal are as follows:
2.1 One M/s Shrirang Agro Chemical Pvt. Ltd., having its factory C
premises in Tarapur, Thane District, was engaged in the business of
manufacturing a chemical called Cyper Methnic Acid Chloride
(“CMAC”), an intermediate product used in growing cash crops. The
said factory premises had become a sick unit, and was auctioned off by
the Maharashtra State Financial Corporation (“MSFC”). The bidding D
took place on 14.03.2001, and on 15.03.2001, the Appellant was declared
the highest bidder, having quoted a price of Rs. 4 crores.
2.2 The Appellant commenced production of CMAC in November
2001. The previous company (Shrirang Agro Chemical Pvt. Ltd.) had
taken an insurance coverage from the Respondent, and the Appellant
E
continued this coverage. To this end, after inspecting the plant and
machinery, a Fire and Special Perils Policy was issued by the Respondent
from 12.11.2001 to 11.12.2001 insuring the subject premises for a total
Insured Declared Value of Rs.12.5 crores. The said policy was continued
for the period between 12.12.2001 and 11.01.2002 as well.
F
2.3 On 03.01.2002, a fire broke out at the factory premises, based
on which the Appellant filed a claim with the Respondent. On 30.01.2004,
based on reports from the three surveyors, the Respondent repudiated
the claim of the Appellant on two grounds. It was held, firstly, that the
Appellant had purchased the factory premises for only Rs. 4 crores, but
had overvalued it and taken a policy for an excessive value of Rs. 12.5 G
crores, and secondly, that the Appellant suppressed the material fact of
not being duly licensed for the storage and use of Hexane at the factory.
Aggrieved by such repudiation, the Appellant filed a consumer complaint
before the National Commission.
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848 SUPREME COURT REPORTS [2020] 2 S.C.R.

A 3. The National Commission dismissed the Appellant’s complaint,
holding that the repudiation was justified on both the above counts, i.e.,
that the Appellant had overstated the value of the factory while taking
insurance, and that the Appellant was operating without obtaining the
requisite licence for the storage of Hexane. It is against this dismissal
that the Appellant has approached this Court by way of an appeal under
B Section 23 of the Consumer Protection Act, 1986.
4. Learned Senior Counsel appearing on behalf of the Appellant,
Shri S.S. Naphade, argued against the appointment of the third surveyor,
S.B. Nalluri & Associates (“third surveyor”). He contended that once
the second surveyor, Mehta and Padamsey Surveyors Pvt. Ltd. (“second
C surveyor”), had clearly assessed the loss and submitted a detailed report
wherein it had ruled out any mala fides on part of the Appellant, there
was no occasion to appoint the third surveyor. Learned Senior Counsel
also relied on the notification dated 21.11.2001 issued by the Ministry of
Petroleum and Natural Gas in exercise of its powers under the Essential
Commodities Act, 1955 (“the Essential Commodities Act”), to argue
D
that the Appellant was exempt from obtaining a licence for storage of
Hexane, since according to him, the Appellant had stored less than 20
kilolitres of Hexane. It was submitted that the said notification clearly
stipulated that there was no requirement of a licence for storing up to 20
kilolitres of Hexane.
E 5. On the other hand, learned Senior Counsel appearing on behalf
of the Respondent, Shri P.P. Malhotra, contended that repudiation of the
claim was justified, inasmuch as the Appellant had not disclosed that it
was not in possession of the requisite licence for storing Hexane. It was
contended that the Appellant was required to obtain a licence as per
F either Article 3 or Article 7 of the First Schedule to the Petroleum Rules,
1976 (“1976 Rules”).
5.1 It was further argued that even assuming that the
aforementioned notification dated 21.11.2001 exempted the Respondent
from obtaining a licence for storing Hexane up to 20 kilolitres, the second
surveyor’s report, against which the Appellant had not raised any
G
objection, was categorical in its finding that the factory premises held
over 90 kilolitres of Hexane, out of which 79.152 kilolitres of Hexane
had suffered damage. Thus, no reliance could be placed on the exemption
under this notification in the instant facts and circumstances.

H
M/S BASPA ORGANICS LIMITED v. UNITED INDIA INSURANCE 849
COMPANY LTD. [MOHAN M. SHANTANAGOUDAR, J.]

5.2 Learned Counsel also argued in favour of the finding of the A
National Commission with respect to overvaluation of the subject factory
by the Appellant while taking insurance.
6. At the outset, we must observe that we are at a loss to understand
why the insurance policy was taken by the Appellant for only one month
and extended thereafter, again, for only one more month. It is also quite B
perplexing as to why the Respondent agreed to issue a policy for such a
short period of time, and no plausible reasons are forthcoming from the
records to explain the peculiar nature of this transaction.
7. Be that as it may, upon perusing the material on record and
after hearing the learned counsel, we find that two issues arise in the C
instant case, to determine whether repudiation of the claim was justified
for breach of policy terms:
(i) whether the Appellant was not duly licensed to store Hexane,
and therefore had suppressed a material fact, thus breaching Clause 1
of the policy, and
D
(ii) whether the Appellant overvalued the subject factory while
taking insurance, amounting to fraud under Clause 8 of the policy.
8. In this regard, we find it relevant to reproduce the said clauses
of the insurance policy:
“1. This policy shall be voidable in the event of mis-representation, E
mis-description or non-disclosure of any material particular.
xxx
8. If the claim be in any respect fraudulent, or if any false
declaration be made or used in support thereof or if any fraudulent
means or devices are used by the insured or any one acting on his F
behalf to obtain any benefit under the policy or if the loss or damage
be occasioned by the willful act, or with the connivance of the
insured, all benefits under this policy shall be forfeited.”
9. With respect to the question of licensing, the Respondent’s case
is that the Appellant had not disclosed that it had stored Hexane without G
having obtained a licence for the same, as required under the 1976 Rules.
In this respect, the Respondent has relied on Articles 3 and 7 of the First
Schedule to the 1976 Rules. Articles 3 and 7 specifically refer to petroleum
Class A, which is defined as follows under Section 2(b) of the Petroleum
Act, 1934 (“the Petroleum Act”):
H
850 SUPREME COURT REPORTS [2020] 2 S.C.R.

A “(b) “petroleum Class A” means petroleum having a flash-point
below twenty-three degree centigrade”.
10. To show that Hexane falls within Class A, learned Counsel
for the Respondent has drawn our attention to literature from the National
Fire Protection Association (“the NFPA”), an international non-profit
organisation working towards eliminating death, injury, property and
B economic loss due to fire. As per the records of physical properties of
selected chemicals prepared by the NFPA, the flash point of n-Hexane
is -23°C.1 Admittedly, the substance being stored by the Appellant was
n-Hexane, or normal Hexane. Indeed, as per nomenclature adopted by
the International Union of Pure and Applied Chemistry, the substance
carrying the molecular formula C6H14 is known as “Hexane” or “n-
C
Hexane”.2 This is also supported by Bretherick’s Handbook of Reactive
Chemical Hazards, referred to by the Respondent, which notes that
Hexane, having the formula C6H14,has a flash point of -23°C.3 Since the
flash point of the substance is well below 23°C, it can safely be said that
it falls under the category of petroleum Class A.
D 11. Against this backdrop, we find it useful to refer to the relevant
Articles of the First Schedule to the 1976 Rules, which were the rules in
force as on the date of the incident:
FIRST SCHEDULE
Article Form Purpose Authority Fee
of for which empowered
E li cen ce granted to grant
li cen ce
1 2 3 4 5
3 X To import and store District Rs. 20 for every
petroleum Class A in Authority calendar year or
quantity not exceeding part thereof.
300 litres
F xx xx xx xx xx
6 XII To import and store Chief Controller Rs. 20 for every
petroleum in an or a Controller calendar year or
installation. of Explosives part thereof.
authorised in this
behalf by the
Chief Controller.
G 1
NFPA 497, Recommended Practice for the Classification of Flammable Liquids, Gases,
or Vapors and of Hazardous (Classified) Locations for Electrical Installations in
Chemical Process Areas (2017 edition).
2
National Center for Biotechnology Information, PubChem Compound Database,
available at https://pubchem.ncbi.nlm.nih.gov/compound/Hexane.
3
BRETHERICK’S HANDBOOK OF REACTIVE CHEMICAL HAZARDS, Vol. I, 2032 (PG Urben ed.,
H 7th edition, 2006).
M/S BASPA ORGANICS LIMITED v. UNITED INDIA INSURANCE 851
COMPANY LTD. [MOHAN M. SHANTANAGOUDAR, J.]

7 XIV To import and store Petroleum Class B – A
otherwide than in bulk (a) When stored in bulk
petroleum Class A in or with any other
quantities exceeding 300 class of
litres, (b) petroleum Class
B in quantities exceeding
25,000 litres (C)
petroleum Class C in B
quanties exceeding
45,000 litres or (d) partly
one class and partly two
class of petroleum.

12. Before looking into whether the Appellant was required to C
obtain a licence under the provisions reproduced above, it is relevant to
note that the Appellant has not challenged the second surveyor’s report,
or its finding that the factory premises contained over 90 kilolitres of
Hexane, out of which 79.152 kilolitres were damaged. On the contrary,
the Appellant seeks to rely on the report heavily.
13. The Respondent has contended that the Appellant was required D
to obtain a valid licence under the Petroleum Act and the 1976 Rules. In
this regard, it is pertinent to note that Section 8 of the Petroleum Act
makes it clear that storage of small quantities of petroleum Class A does
not require any licence. It reads:
“8. No licence needed for import, transport or storage of E
small quantities of petroleum Class A.
(1) Notwithstanding anything contained in this Chapter, a person
need not obtain a licence for the import, transport or storage of
petroleum Class A not intended for sale if the total quantity in his
possession does not exceed thirty litres.
F
(2) Petroleum Class A possessed without a licence under this
section shall be kept in securely stoppered receptacles of glass,
stoneware or metal which shall not, in the case of receptacles of
glass or stoneware, exceed one litre in capacity or, in the case of
receptacles of metal exceed twenty-five litres in capacity.”
13.1 Therefore, it is evident that for the storage of petroleum G
Class A less than 30 litres in quantity, no licence is required under the
Petroleum Act or rules thereunder. As per Article 3, a licence issued by
the District Authority is required for importing and storing petroleum
Class A in a quantity not exceeding 300 litres. Thus, the Respondent
may be justified in arguing that for storage of petroleum Class A ranging
H
852 SUPREME COURT REPORTS [2020] 2 S.C.R.

A from 30 litres to 300 litres in quantity, a licence under Article 3 may be
required. However, in the instant case, it is clear that the Appellant had
stored much more than 300 litres of Hexane, and therefore, a licence
under Article 3 would not be sufficient.
14. The Respondent also drew our attention to Article 7 of the
B 1976 Rules to further its argument on the requirement of the licence.
Article 7 deals with storage of certain forms of petroleum otherwise
than in bulk. The expression “petroleum in bulk” is defined in clause
(xv) of Rule 2 of the 1976 Rules as follows:
“(xv) “petroleum in bulk” means petroleum contained in a tank
C irrespective of the quantity of petroleum contained therein”
(emphasis supplied)
14.1 In turn, the term “tank” is defined in clause (xxii) of Rule 2
in the following manner:
“(xxii) “tank” means a receptacle for petroleum exceeding 1000
D litres in capacity”
15. From the definitions reproduced above, it becomes evident
that irrespective of the quantity of petroleum, when petroleum is stored
in a tank, it is referred to as “petroleum in bulk” under the 1976 Rules.
As mentioned earlier, Article 7, on which the Respondent seeks to place
E reliance, deals with the grant of a licence for storage of petroleum
otherwise than in bulk, i.e. otherwise than in a tank. In other words, for
petroleum Class A exceeding 300 litres, a licence under Article 7 is
required when it is not being stored in receptacles exceeding 1000 litres
in capacity.
F 16. In this regard, we may also refer to Condition 2 of Form XIV
of the Second Schedule to the 1976 Rules. Form XIV corresponds to
the licence granted under Article 7 of the First Schedule, and Condition
2 of the said Form reads as follows:
“2. The petroleum shall be stored only in the storage shed which
G shall be constructed of suitable non-combustible materials, provided
that when no petroleum Class A is stored, the beams, rafters,
columns, windows and doors may be of wood.”
(emphasis supplied)

H
M/S BASPA ORGANICS LIMITED v. UNITED INDIA INSURANCE 853
COMPANY LTD. [MOHAN M. SHANTANAGOUDAR, J.]

16.1 In turn, the term “store shed” is defined in clause (xxi) of A
Rule 2 as follows:
“(xxi) “store shed” means a building used for the storage of
petroleum otherwise than in bulk, whether forming part of an
installation or not, but does not include a building used for the
stores of petroleum exempt from licence under Sections 7,8 or 9 B
of the Act”
16.2 A store shed, therefore, is a building where petroleum is
stored otherwise than in bulk, i.e., otherwise than in receptacles with a
capacity of over 1000 litres. Most significantly, clause (xxi) of Rule 2
states that a store shed may be a part of an “installation”. At this C
juncture, it is relevant to note that this term is also defined under the
1976 Rules, in clause (xiv) of Rule 2:
“(xiv) “installation” means any premises wherein any place has
been specially prepared for the storage of petroleum in bulk, but
does not include a well-head tank or service station” D
17. Upon reading the definitions of “store shed” and “installation”
together, it becomes clear that “installation” carries a much broader
meaning. In order for any premises to be an “installation” under the
1976 Rules, it must necessarily contain a place specially prepared to
store petroleum in bulk. In other words, such a place must have the E
capacity to hold receptacles with a capacity of 1000 litres or more (which
would be nothing but a “tank” as defined under the 1976 Rules). At the
same time, an installation may also have the capacity to store petroleum
otherwise than in bulk. An installation, therefore, may consist of both
tanks and storage sheds, or it may consist only of tanks.
F
18. In the instant case, the second surveyor had clearly stated
that the Hexane had leaked from the tanks in which it was stored.
However, it is not clear from the material on record whether or not the
term “tank” was assigned the same meaning as under the 1976 Rules.
If the tanks referred to by the second surveyor were receptacles that
could not store more than 1000 litres of petroleum, then they would not G
constitute “tanks” under the 1976 Rules, and the petroleum stored in
such tanks would fall under the category of petroleum stored “otherwise
than in bulk”. In such a case, a licence would be required under
Article 7.
H
854 SUPREME COURT REPORTS [2020] 2 S.C.R.

A 19. At this stage, we may fruitfully refer to the application preferred
by the Appellant to obtain a licence under Article 6 of the First Schedule
to the 1976 Rules, which pertains to the import and storage of petroleum
in an installation, vide letter dated 22.10.2001. In its response to the
above application, the Controller of Explosives, Nagpur noted vide letter
dated 05.11.2001, that the drawings of the site and layout of the proposed
B
installation had been approved, subject to the condition that the pump/
motor to be incorporated were flame proof, in accordance with IS:2148.
Further, the Appellant was asked to submit certain documents that were
necessary in connection with the grant of the licence applied for, such as
an application under Form VIII (which is an application for the grant,
C amendment, renewal, or transfer of a licence to import and store
petroleum), a Safety and Test Certificate required under Rule 130 and
126 of the 1976 Rules issued by a competent person, a No-Objection
Certificate from the Local District Authority along with the site plan
duly endorsed by such authority, and so on. Additionally, the Appellant
was directed to comply with the provisions of the Solvent, Raffinate and
D
Slop (Acquisition, Sale, Storage and Prevention of Use in Automobiles)
Order, 2000 (“the 2000 Order”).
20. The above communication clearly indicates that even the
Controller of Explosives was of the opinion that the premises where the
Appellant was storing Hexane amounted to an “installation”. As we
E have discussed supra, for a premises to be considered as an installation,
it must contain a place prepared to hold “tanks” as defined under the
1976 Rules. This strongly suggests that the “tanks” referred to by the
second surveyor were indeed “tanks” as envisaged under the 1976 Rules.
In our considered view, this shows that the Appellant may well have
F been required to obtain a licence under Article 6 itself.
21. It is not the case of the Appellant that it provided the documents
stipulated by the Controller of Explosives. No further communication
between the Appellant and the said authority has been placed on record
either. There is nothing on record to show that a licence under Article 6
G was granted to the Appellant.
22. In light of the above discussion, we are of the view that the
Appellant was required to obtain a licence under the 1976 Rules for the
storage of Hexane, be it under Article 6 or 7, and has failed to show that
it possessed any such licence.
H
M/S BASPA ORGANICS LIMITED v. UNITED INDIA INSURANCE 855
COMPANY LTD. [MOHAN M. SHANTANAGOUDAR, J.]

23. Having examined the scheme of the 1976 Rules with respect A
to licensing requirements, we may now turn to the Appellant’s contention
that it was exempt from obtaining a licence under the said rules, by
virtue of the notification dated 21.11.2001 issued by the Ministry of
Petroleum and Natural Gas, amending the 2000 Order. The relevant
clause of the amended order that is being relied upon by the Appellant is
B
as follows:
“3. Restriction on sale and use of solvents, raffinates, slops
and other product:-
(1) No person shall either acquire, store or sell solvents included
in the Schedule, without a licence issued by the State Government C
or the District Magistrate or any other Officer authorised by the
Central or the State Government;
Provided that no such licence shall be required for consumption
of 50 KLs per month or less and storage of 20 KLs or less of
solvents listed in the Schedule combined.”
D
24. Evidently, there is an exemption carved out in the proviso
dispensing with the need for a licence in the cases laid down thereunder.
Significantly, Hexane is mentioned in the Schedule referred to in the
above clause, making it clear that the substance is governed by the same.
The Appellant seeks to argue that pursuant to the above proviso, it was
not required to obtain a licence under the 1976 Rules for the storage of E
Hexane on its premises. In order to determine whether the reference to
a “licence” in the said clause includes licences under the Petroleum
Act, it is essential to examine the background and scheme of the 2000
Order.
25. A glance at the notification dated 21.11.2001, amending the F
2000 Order, as well as the said order itself, reveals that both were issued
in exercise of the powers of the Central Government under Section 3(1)
of the Essential Commodities Act. This statute, as is evident from its
Statement of Objects and Reasons, was enacted to provide for the control
of the production, supply and distribution of and trade and commerce in G
certain commodities, in the interest of the general public. Further, Section
3 empowers the Central Government to pass orders providing for the
regulation or prohibition of the production, supply and distribution of any
essential commodity, and trade and commerce therein, under certain
conditions. Section 3(1), in particular, reads as follows:
H
856 SUPREME COURT REPORTS [2020] 2 S.C.R.

A “3. Powers to control production, supply, distribution, etc.,
of essential commodities.¯ (1) If the Central Government is of
opinion that it is necessary or expedient so to do for maintaining
or increasing supplies of any essential commodity or for securing
their equitable distribution and availability at fair prices, or for
securing any essential commodity for the defence of India or the
B efficient conduct of military operations, it may, by order, provide
for regulating or prohibiting the production, supply and distribution
thereof and trade and commerce therein.”
26. Clearly, orders under Section 3(1) may pertain to the following
objectives:
C
(i) maintaining or increasing supplies of any essential commodity;
(ii) securing the equitable distribution and availability at fair prices
of such commodity; or,
(iii) securing any essential commodity for the defence of India or
D the efficient conduct of military operations.
27. Furthermore, Section 3(2) contemplates particular aspects with
respect to which orders may be passed in exercise of the power under
Section 3(1). In this regard, it is relevant to refer to clause (d) of Section
3(2):
E “(2) Without prejudice to the generality of the powers conferred
by sub-section (1), an order made thereunder may provide—
xxx
(d) for regulating by licences, permits or otherwise the storage,
transport, distribution, disposal, acquisition, use or consumption
F of, any essential commodity”.
28. Thus, it is clear that the Central Government has the power to
pass orders under the Essential Commodities Act to provide for licensing
regimes governing the storage of an essential commodity, in pursuance
of the three objectives set out in Section 3(1). The 2000 Order, in our
G considered view, is one such order, providing for a licensing regime
regulating the acquisition, sale, storage and prevention of use in
automobiles of solvents, raffinates and slops, particularly for the purposes
of the Essential Commodities Act. There is nothing in the said order to
suggest that it intends to replace or modify any other existing licensing
regime under any other law in force, including the Petroleum Act and
H the rules formulated thereunder.
M/S BASPA ORGANICS LIMITED v. UNITED INDIA INSURANCE 857
COMPANY LTD. [MOHAN M. SHANTANAGOUDAR, J.]

29. In fact, we find that the notifications issued in pursuance of A
the 2000 Order set to rest any residual doubt in this regard. For instance,
a perusal of G.R.S. 578(E), an order dated 30.06.2000 issued by the
Central Government under Clause 3 of the 2000 Order, clearly reveals
that the licence being referred to under the order is the Solvent, Raffinate
and Slop Licence. The said notification reiterates that the said licence is
to be issued by the State Government, District Magistrate, or the officer B
authorised by the Central or State Government, as also mentioned in
Clause 3(1) of the 2000 Order.
30. There cannot be any dispute that the licence issued under the
Essential Commodities Act and control orders are for a different purpose
altogether compared to the Petroleum Act. Thus, it is clear that the C
licensing regime envisaged in clause 3 of the 2000 Order, and the
exemption granted thereto, is in addition to the licensing requirements
under the Petroleum Act. The direction of the Controller of Explosives
vide letter dated 05.11.2001 to comply with the requirements under the
2000 Order is an additional requirement to be complied with in order to
D
obtain a licence under the Petroleum Act. It cannot be said that an
exemption from obtaining a licence under the 2000 Order would amount
to an exemption to obtain a licence under the Petroleum Act. Hence,
even assuming that the Appellant was exempt from obtaining a licence
under the 2000 Order by virtue of the said exemption, the Appellant was
still required to obtain a licence in accordance with the 1976 Rules. We E
hasten to add here that, as already mentioned supra, the quantity of
Hexane stored by the Appellant was more than 20 kilolitres. Hence, the
Appellant was required to obtain a licence under the 2000 Order as
well.
31. From the above discussion, it is evident that the 1976 Rules F
prescribed that a licence had to be obtained for the purposes of storing
Hexane of the quantity involved in the instant case, and the Appellant
has failed to comply with this requirement. In the absence of such a
licence, the Appellant could not have lawfully stored Hexane. Therefore,
we are of the view that the non-disclosure of the non-possession of a
licence was of a material nature, and constituted a violation of Condition G
1 of the insurance policy. As a result, we are inclined to affirm the finding
of the National Commission that the Respondent was justified in
repudiating the claim of the Appellant on this ground.
32. The second issue, regarding the overvaluation of the subject
factory, was not seriously argued by either party. Moreover, it is a question H
858 SUPREME COURT REPORTS [2020] 2 S.C.R.

A of fact, which this Court generally does not probe deeply. Thus, we shall
refrain from examining the merits thereof. The same is also unnecessary
in light of our above finding that the repudiation of the instant claim was
justified on the ground pertaining to the Appellant lacking a licence for
storing Hexane under the Petroleum Act and 1976 Rules.
B 33. Before we part with this matter, we may note that some objection
was raised by the Appellant against the appointment of the third surveyor
by the Respondent. Suffice it to state that the appointment of the third
surveyor was for the limited purpose of examining whether the Appellant
was in possession of the requisite licences for the storage of Hexane.
Moreover, neither did the findings of the third surveyor disturb the findings
C of the second surveyor, nor were they material to the conclusion against
the Appellant arrived at by the National Commission. The second surveyor
had given a categorical finding that about 90 kilolitres of Hexane were
stored in the factory premises, and this finding has not been challenged
by the Appellant. At the same time, while the findings of the third surveyor
D supplement the reasoning of the National Commission vis-à-vis the
absence of a licence under the Petroleum Act and 1976 Rules, they are
not crucial to this conclusion, inasmuch as the Appellant itself never
contended that it was in possession of the requisite licences for the storage
of Hexane. As a result, we find that irrespective of whether or not the
appointment of the third surveyor was proper, the findings of the said
E surveyor do not materially affect the outcome of the instant case.
34. In light of the above discussion, we find no reason to interfere
with the conclusion in the impugned judgement of the National
Commission that the repudiation of the claim was justified for breach of
Clauses 1 and 8 of the insurance policy.
F
35. The instant appeal is therefore dismissed. Ordered accordingly.

Devika Gujral Appeal dismissed.

G

H