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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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