New India Assurance Dismissed After 6-Year Delay

Authority: High Court of Jammu & Kashmir and Ladakh at Jammu

Order Date: 25 September 2026

Case Overview

• Parties: Applicant/ Petitioner – New India Assurance Co. Ltd, represented by Advocate Mr. Udhay Bhaskar; Respondents – Shanti Devi & Anr, unrepresented.
• Petition History: The petition was filed in RP No. 33/2020 (MA No. 22/2016) and has been pending since October 2020. The Court issued a notice to the respondents on 12 October 2020.
• Procedural Lapses: Over a period of almost six years, the petitioner failed to effect service upon the respondents. Additionally, Respondent No. 1 (Shanti Devi) passed away during the pendency, and no steps were taken to substitute the legal heirs.
• Court Observation: The Court noted that continuing to keep the petition pending would serve no useful purpose given the lack of service and the death of a respondent without heir substitution.

Final Outcome

• The petition is dismissed for non‑prosecution and for failure to take the requisite steps for service of the respondents.

Topics: Legal Dispute, Insurance