* IN THE HIGH COURT OF DELHI AT NEW DELHI % Reserved on: 12^th February, 2026 Pronounced on: 23rd March, 2026 + RFA-294/2023 M/S L-COMPS & IMPEX PVT. LTD.

809-A International Trade Tower, Nehru Place, New Delhi- 110019, And Registered office at:

182/63 Industrial Area Phase-I, Chandigarh .....Appellant Through: Mr. Anunaya Mehta, Mr. Inder Adhikari, Mr. Vidhan Malik and Ms.

Anandita Tayal, Advocates.

versus M/S UNITED INDIA INSURANCE CO. LTD.

Through its Manager/Secretary/MD, 24, Whites Road, Chennai-00014, And Regional Office at: K-31, Connaught Place, New Delhi-110001 .....Respondent Through: Mr. Ravi Bakshi, Advocate.

CORAM:

HON'BLE MS. JUSTICE NEENA BANSAL KRISHNA

J U D G M E N T

NEENA BANSAL KRISHNA, J.

1. This Regular First Appeal is directed against the Judgment and Decree dated 22.11.2022 whereby the Ld. Additional District Judge dismissed the suit for Recovery filed by the Appellant/Plaintiff, M/s L-Comps & Impex Pvt. Ltd.

2. Briefly Stated, the Appellant is a Private Limited Company, engaged in manufacture and trading of FMCG products, including food items, with its registered office at Chandigarh and its corporate office at Nehru Place, New Delhi. The Respondent is a Public Sector Insurance Company, carrying on general insurance business, with its head office at Chennai and regional office at Connaught Place, New Delhi.

3. On 18.02.2014 the Respondent issued in favour of the Appellant, a composite “Standard Fire and Special Perils / Burglary” Policy bearing No. 110200/11/13/11/00000287 for the period 18.02.2014 to 17.02.2015, for a total sum insured of ₹6,95,00,000/-, upon payment of premium of ₹52,125/-. Consequently, the stock lying in the Appellant’s godown at C-20, Okhla Phase-I, New Delhi was insured for ₹2,00,00,000/- under this Policy. 4. On the morning of 12.03.2014, when the Appellant’s employees opened the Okhla godown, they found that the net/jali on the roof of the cold storage facility/godown had been broken and a part of the stock was missing. Police were immediately informed and FIR No. 180/2014 under Section 380 IPC was registered at PS Okhla Industrial Area, on the same day.

5. The Appellant handed over an approximate list of missing goods valued at ₹5,70,585/- to the police, with a clear remark that only about 50% of the stock had been counted and the balance was yet to be checked. Subsequently, after full verification with the computerized Stock Register, a detailed list of stolen items valuing ₹13,92,223.25 was supplied to the Investigating Officer which forms part of the final untraced report accepted by the Ld. Trial Court.

6. The Appellant lodged a claim with the Respondent under the Insurance Policy, enclosing the requisite Claim Form and supporting documents. The Respondent appointed a surveyor, M/s Alka Gupta & Associates, to investigate and assess the loss. Ultimately, by Letter dated 16.07.2015, Ex PW1/7, the Respondent repudiated the claim, broadly on three grounds:

“(i) that the net on the roof was “already cut” and the Appellant had failed to take reasonable care of the property;

(ii) that there was a delay of about 40 days in intimation, contrary to the condition requiring immediate notice and submission of claim within 15 days; and (iii) that there was no forcible and violent entry or exit at the main entry/exit point and, therefore, the loss was not covered under the “Burglary BP Policy”.”

7. Aggrieved by the same, the Plaintiff/Appellant filed a Suit on 28.08.2015 seeking Recovery of ₹16,28,901.15 (being ₹13,92,223.25 as value of stolen goods and ₹2,36,677.90 as pre-suit interest at 12% per annum up to 15.07.2015), together with pendente lite and future interest.

8. The Defendant/Respondent, filed their Written Statement in which they submitted that that the Appellant had intimated the theft to the insurer, only after about forty days and had not lodged the Claim within the stipulated period, and such delay, by itself, made the claim non-maintainable.

9. Further, the Respondent, relied on FIR No. 180