legal position with the pronouncement of the Hon’ble Supreme Court in SBI General Insurance Co. Ltd. v. Krish Spinning , and consequently the decisions of the Hon’ble Supreme Court in Oriental Insurance Company and United India Insurance Company , have been watered down. In the decision of the Hon’ble Calcutta High Court, the claim was in respect of two distinct items, namely, a crane and an overhead tank and with the High Court finding that the claim on the count of the crane was beyond the scope of the arbitration agreement, it was held that the arbitration could proceed only in respect of the overhead tank and not the crane. Though much reliance has been placed on by learned Senior Counsel on this decision, to apply to the facts of the case, I am unable to countenance the said contention, because in the said case before the Hon’ble Calcutta High Court, the items in respect of which the claim was made were entirely distinct and different, namely, a crane and an overhead tank. However, in the present case, there is no such distinctiveness in respect of the subject matter of the claim. Both the 'material damage' as well as the 'business interruption claim' arise out of the fire accident that occurred on 07.04.2020 and in fact, as already discussed even the claim under ' business interruption loss' is directly
