Neoloba Specialty Private Limited v. The New India Assurance Company Limited

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION WRIT PETITION NO. 4726 OF 2025 Digitally signed by VINA ARVIND KHADPE Date:

2026.02.09 15:26:48 +0530 VINA ARVIND KHADPE Neoloba Specialty Private Limited ....Petitioner

Versus

The New India Assurance Company Limited & Anr.

....Respondent ---- Mr. Zal Andhyarujina, Senior Advocate, Ms. Akansha Agarwal a/w Mr. Ankoosh Mehta, Advocate Sarah Navodita, Advocate Drishti Mehta i/b. Cyril Amarchand Mangaldas, for the Petitioner. Mr. Bomi Patel a/w. Mr. Sarthak Bahera and Ms. Sanjana Sapra i/b. Tuli & Co., for the Respondent.

---- CORAM : RAVINDRA V. GHUGE & ABHAY J. MANTRI, JJ.

DATE : 06th FEBRUARY, 2026 P.C. :- 1.

This matter was heard on 2nd February 2026, and we have passed the following order :

1.

The learned Advocate for the Insurance Company would take instructions as to whether the documents tendered by the Petitioner would be considered and the claim would be decided on its merits.

2.

The Petitioner desires a verdict on the claim since a decision would atleast make the Petitioner aware as to what are the reasons, if the claim is to be rejected. Thereafter, it can avail of a statutory remedy as may be permissible in law.

3.

Stand over to 6th February, 2026 in the urgent supplementary board.

2.

The learned Advocate representing the Insurance Company submits, on instructions, that considering the factors involved, the Insurance Company would decide the Petitioner's insurance claim within a period of twelve weeks. 3.

The learned Senior Advocate representing the Petitioner submits that twelve weeks would be too long a period. He prays that the decision should be delivered within a shorter time frame. 4.

In view of the above, we direct the Respondent to consider the Petitioner's claims in accordance with the terms of the policy and to arrive at a decision within a period of seventy five days from today. Needless to state, if the claims are accepted, the consequences shall follow. If, for any reason, the claims are not accepted, the Insurance Company would pass a reasoned order and communicate the same to the Petitioner at her e-mail address within twenty-four hours of arriving at the decision. 5.

The Petitioner would be at liberty to avail of such remedy as may be permissible in law for seeking redressal of its grievance, if an adverse order is passed.

6.

In view of the above statements recorded and the directions issued, this Petition is disposed off. 7.

Needless to state, all contentions of the parties are kept open, as we have not dealt with the merits of the rival claims. (ABHAY J. MANTRI, J.) (RAVINDRA V. GHUGE, J.)