Bombay High Court
NEOLOBA SPECIALTY PRIVATE LIMITEDversusTHE NEW INDIA ASSURANCE COMPANY LIMITED
- Decided
- Disposal
- DISPOSED OFF
Holding
The Court directed the insurer to decide the claim within 75 days and to provide a reasoned order within 24 hours of any adverse decision.
Summary
Vina Arvind Khadpe filed a writ petition before the Bombay High Court seeking a prompt decision on an insurance claim against New India Assurance Company Ltd. The insurer indicated it would decide the claim within twelve weeks, which the petitioner argued was excessive. The Court examined the parties' submissions and directed the insurer to adjudicate the claim within seventy‑five days and, if rejecting the claim, to issue a reasoned order within twenty‑four hours of the decision. The Court emphasized that the petitioner remains free to pursue any statutory remedy if an adverse order is rendered. No merits of the claim were decided, and the petition was subsequently disposed.
Issues considered
- Whether the insurer is required to decide the insurance claim within a reasonable time as per the policy and applicable law.
- Whether the court can direct a specific time‑frame for the insurer to render its decision and communicate reasons for denial.
Subjects
- insurance claim
- claim settlement
- time limit
- writ petition
- high court
- consumer grievance
- direction
- policy terms
Judgment
918.OS.4726.2025.odt
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
Digitally
signed by
WRIT PETITION NO. 4726 OF 2025
VINA
VINA ARVIND
ARVIND KHADPE Neoloba Specialty Private Limited ….Petitioner
KHADPE Date:
2026.02.09
15:26:48 Versus
+0530
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.
Sufiyan Syed - PA 1 of 3
918.OS.4726.2025.odt
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.
Sufiyan Syed - PA 2 of 3
918.OS.4726.2025.odt
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.)
Sufiyan Syed - PA 3 of 3
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