THE NEW INDIA ASSURANCE COMPANY LIMITED vs M/S SHIV SHAKTI PRODUCTS LIMITED

Judgment text excerpt

* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 28th October 2025 Pronounced on : 13th November 2025 + RFA (COMM) 446/2025 & CM APPL.47767/2025, CM APPL. 47768/2025 THE NEW INDIA ASSURANCE COMPANY LIMITED .....Appellant Through: Mr. Aditya Kumar & Ms. Ila Nath, Advs. versus M/S SHIV SHAKTI PRODUCTS LIMITED ....Respondent Through: Mr. Sachin Bansal & Mr. Gaurav Chauhan, Advs. CORAM: HON'BLE MR. JUSTICE NITIN WASUDEO SAMBRE HON'BLE MR. JUSTICE ANISH DAYAL JUDGMENT ANISH DAYAL, J. CM APPL. 47766/2025 (for condonation of delay in filing the appeal) & CM APPL. 47770/2025 (for condonation of delay in re-filing the appeal) 1. For the reasons disclosed in the applications and basis submissions recorded later, delay in filing and re-filing the appeal stand condoned. 2. Both these applications stand disposed of accordingly. RFA (COMM) 446/2025 1. This appeal has been preferred by the appellant/insurer under Section 13 of the Commercial Courts Act, 2015 assailing the impugned Signature Not Verified Digitally Signed By:MANISH KUMAR RFA (COMM) 446/2025 Page 1 of 24 Signing Date:14.11.2025 10:52:03 judgment and decree passed on 26th November 2024 (hereinafter, “impugned judgment”) by the District Judge (Commercial Court), North-East District, Karkardooma Courts in CS (Comm) No. 58/2023, whereby the suit has been decreed in favour of respondent/insured and the appellant/insurer has been directed to pay compensation to the tune of Rs.25,17,580/-, along with interest at the rate of 9% per annum from the date of filing of the suit as also the litigation costs. 2. The dispute relates to an insurance claim under Fire Floater Policy No.32030311180300000003 (hereinafter ‘insurance policy’) for the loss suffered on 9th June 2019, when rain water entered the insured premises and was r