Care Health Insurance Ltd v. Manjula Haresh Joisar And ANR

22.WP.9028.2024.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO.9028 OF 2024 Care Health Insurance Ltd.

....Petitioner

Versus

Manjula Haresh Joisar & Anr.

....Respondents Mr. Rushabh Vidyarthi a/w. Ishita Bhole, Mohit Turakhia & Shasvat Vidyarthi i/b. Asim Vidyarthi, for Petitioner. CORAM: SOMASEKHAR SUNDARESAN, J.

DATE : DECEMBER 12, 2025 ORDER :

1.

Learned Counsel for the Petitioner submits that he has served the Respondents yet again and none has appeared. He also has instructions to submit that the Respondents have been telephonically intimated about the today's date, but none appeared. However, a service affidavit has not been filed, and liberty is granted to file the same after service yet again purely as a last chance to the Respondent. 2.

A compilation of e-mails sought to be relied upon by the Petitioner is taken on record.

3.

It is made clear that once the service affidavit is filed, on the next occasion, the matter would be dealt with even in the absence of the Respondents.

Digitally signed by AARTI GAJANAN PALKAR Date:

2025.12.15 13:36:07 +0530 AARTI GAJANAN PALKAR DECEMBER 12, 2025 Aarti Palkar

22.WP.9028.2024.doc 4.

Considering that the Award has already been stayed by the Learned Single Judge of this Court on October 3, 2024, subject to deposit of the awarded amount (which deposit is confirmed as having been made), the matter is stood over for one last chance to enable the Respondents to present their say.

5.

Interim arrangements, obtaining as of today, shall continue until the next date.

6.

On merits, liberty is also granted to the Petitioner to bring on record an affidavit demonstrating the efforts taken by the Petitioner between January 2022 and April 2022, when the Indian Insurance Bureau's website was said to have been non-functional, to enable the Court to examine the efforts taken by the Petitioner to procure the insurance claim records from the earlier Insurer i.e. Star Health Insurance.

7.

Stand over to January 23, 2026.

8.

All actions required to be taken pursuant to this order shall be taken upon receipt of a downloaded copy as available on this Court's website.

[ SOMASEKHAR SUNDARESAN, J.] DECEMBER 12, 2025 Aarti Palkar