Bombay High Court
SUNIL MANAKCHAND KOTECHAversusINSURANCE OMBUDSMAN PUNE AND ORS
- Decided
- Disposal
- Disposed Off
Holding
The Court directed the Insurance Ombudsman to hear and dispose of the petitioner's complaint within six weeks, without issuing a mandamus or examining the merits.
Summary
The petitioner, Sunil Manakchand Kotecha, filed a writ petition seeking a mandamus directing the Insurance Ombudsman Pune to take up and dispose of his online complaint (No. PUN-H-044-2526-3355) within a fixed time. The petitioner’s counsel argued that the Ombudsman had unduly delayed hearing the complaint. The Court, after hearing counsel, declined to issue notice to the respondents or examine the merits of the complaint. Instead, it directed the Ombudsman to finalize the complaint within six weeks of the order, provided no legal impediment exists and all stakeholders are heard. The petition was consequently disposed without adjudicating the substantive issues raised in the complaint.
Issues considered
- Whether a writ of mandamus can be issued to compel the Insurance Ombudsman to hear and dispose of a specific complaint.
Subjects
- writ of mandamus
- insurance ombudsman
- complaint hearing
- civil appellate jurisdiction
- procedural direction
Judgment
ANANT 18.WP.12493.2026.doc
KRISHNA
NAIK
Digitally signed
by ANANT
KRISHNA NAIK
Date: 2026.09.24
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
16:33:02 +0530
CIVIL APPELLATE JURISDICTION
WRIT PETITION NO. 12493 OF 2026
Mr. Sunil Manakchand Kotecha ...Petitioner
Versus
Insurance Ombudsman Pune & Ors ...Respondents
Adv. Kajol Punjabi i/b. Ms Prakruti Joshi, Adv. Fatema Lokhandwala for the
Petitioner.
None for the Respondents.
CORAM : MAHESH CHANDRA TRIPATHI, CJ. &
ADVAIT M. SETHNA, J.
DATE : 24th SEPTEMBER, 2026.
P.C.:
1. By the instant Petition, the Petitioner pray for the following substantive
reliefs: -
“(A) Issue a Writ of mandamus or a Writ in the nature of mandamus
or any other appropriate Writ, Order or Direction directing
Respondent No.1 to forthwith take up Complaint No. PUN-H-044-
2526-3355 for hearing and to hear, decide and dispose of the same
within a fixed time-bound period as may be deemed fit by this
Hon'ble Court;
(B). Direct Respondent No.1 to schedule the Petitioner's complaint
for audio/video hearing within such time as this Hon'ble Court deems
fit”
2. We have heard the learned Counsel appearing for the Petitioner. In view of
the Order that we propose to pass today, we are not inclined to issue Notice to the
Respondents or keep the matter pending.
3. The learned Counsel for the Petitioner confines the reliefs claimed in this
AKN 1
18.WP.12493.2026.doc
Petition to the Online Complaint No. PUN-H-044-2526-3355 filed by him.
4. Considering the factual situation of the matter, we are not inclined to go into
the merits of the aforesaid Complaint. We expect the Complaint to be finalized as
expeditiously as possible, preferably within a period of six weeks from the date of
production of a certified copy of this Order, in case there is no other legal
impediment, certainly after giving ample opportunity of hearing to all the stake
holders.
5. With the aforesaid direction, the Writ Petition is Disposed Of.
6. Needless to state, we have not adverted to the merits of the matter and all
contentions of the parties are kept open.
[ADVAIT M. SETHNA, J.] [CHIEF JUSTICE]
AKN 2
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