Bombay High Court
MAERSK LINE INDIA PRIVATE LIMITEDversusPARASMAL DANMAL JAIN
- Decided
- Disposal
- Disposed Off
Holding
The court held that, on the parties' consent and full deposit of the decretal amount, the suits and appeals may be withdrawn and the deposited sum released to the plaintiff.
Summary
The High Court of Bombay dealt with two commercial first appeals arising from suits where Parasmal Danmal Jain sought recovery from Maersk Line India Pvt. Ltd. and APM Terminals Pvt. Ltd. The lower court had partially decreed a payment of Rs.4,75,416 in one suit and dismissed the other. The parties subsequently deposited the full decretal amount of Rs.699,669.08 and agreed to settle the disputes amicably. The court considered whether, on mutual consent and full deposit, the suits and appeals could be withdrawn and the deposited sum released to the plaintiff. It held that the court may order withdrawal of the suits and disposal of the appeals, release the deposited amount, and refund any court fees. Accordingly, the appeals, cross‑objection and interim applications were disposed of as withdrawn, with no costs awarded.
Issues considered
- Whether the court can order withdrawal of commercial suits and appeals upon the parties' mutual consent and full deposit of the decretal amount
- Whether the deposited amount may be released to the plaintiff and court fees refunded
Subjects
- settlement
- withdrawal of suit
- commercial appeal
- court fee refund
- deposit of decretal amount
- interim application
- consent decree
Judgment
11.IA3590_2025DOC
2026:BHC-AS:39101-DB
Vidya Amin
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
INTERIM APPLICATION NO. 3590 OF 2025
IN
COMMERCIAL FIRST APPEAL NO. 14 OF 2025
WITH
COMMERCIAL FIRST APPEAL NO. 14 OF 2025
Maersk Line India Pvt. Ltd. … Applicant
Vs.
Parasmal Danmal Jain … Respondent
WITH
CROSS OBJECTION (ST.) NO. 39921 OF 2025
IN
COMMERCIAL FIRST APPEAL NO. 21 OF 2025
WITH
INTERIM APPLICATION NO. 10025 OF 2025
IN
COMMERCIAL FIRST APPEAL NO. 21 OF 2025
WITH
COMMERCIAL FIRST APPEAL NO. 21 OF 2025
Parasmal Danmal Jain (Proprietor of
M/s. Kanak Industrial Corporation) … Applicant/Appellant
Vs.
M/s. APM Terminals Pvt. Ltd. … Respondent
__________
Mr. Nakul Jain a/w. Apurva Mehta (Pohonerkar), Mr. Anuj Hande i/b. ANB
Legal for the appellant in COMFA/14/2025.
Mr. Anil Balani with Mr. H.R. Shetty, Mr. Deepak Kumar Pasi for the respondent
in COMFA/14/2025 and for the appellant in COMFA/21/2025.
__________
CORAM: G. S. KULKARNI &
DR. NEELA GOKHALE, JJ.
DATE: 22 SEPTEMBER, 2026.
P.C.
1. Commercial First Appeal No. 14 of 2025 is arising from the judgment
and decree dated 23 December, 2024 passed by the learned City Civil Court,
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Mumbai on Commercial Suit No. 101123 of 2021, which has been disposed of in
the following terms:
ORDER
1. Commercial Suit No. 101123 of 2021- Parasmal Danmal Jain
vs. Maersk Line India Pvt. Ltd. is partly decreed, with
proportionate cost.
2. Defendant, within two months, from the date of this Order, shall Pay
Rs.4,75,416/- (Four lakhs Seventy Five Thousand Four Hundred and
Sixteen only) to the plaintiff, with interest @ 9% per annum, from the
date of filing fo the suit, till its realization.
3. Court fee, if any, be refunded to the plaintiff, as per rules.
4. Decree be drawn up accordingly.
5. Judgment pronounced in Open Court.
6. Parties be informed about their right to challenge this judgment and
period of limitation.
7. After compliance and period of Appeal, Sheristedar and AS to consign
Record of the Suit, to Record Room.”
8. Commercial First Appeal No. 21 of 2025 is arising from the judgment and
decree dated 23 December, 2024 passed by the learned City Civil Court, Mumbai
on Commercial Suit No. 101121 of 2021, which has been disposed of in the
following terms:
ORDER
“1. Commercial Suit No. 101121 of 2021- Parasmal Danmal Jain
vs. M/s. APM Terminals Pvt. Ltd. is dismissed with costs.
2. Decree be drawn up accordingly.
3. Judgment pronounced in Open Court.
4. Parties be informed about their right to challenge this
judgment and period of limitation.
5. After compliance and period of Appeal, Sheristedar and AS to
consign Record of the Suit, to Record Room.”
9. We have heard the learned counsel for the parties on the earlier occasion.
On perusal of the record, we need to know the orders passed by this Court on the
present proceedings. By order dated 22 July, 2026, this Court has directed 50%
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of the decretal amount to be deposited in this Court. The said order reads thus:
“1. None appears for the Respondent in Commercial First Appeal No. 14
of 2025. The Respondent in Commercial First Appeal No. 14 of 2025 has
filed a cross Appeal being Commercial First Appeal No. 21 of 2025.
2. There is an interim order which has been passed on 30 th June 2025
wherein notice has been issued to the Respondent in Commercial First Appeal
No. 14 of 2025 and Interim Application No. 3590 of 2025. By the said order,
the Appellant was directed to deposit 50% of the decretal amount within a
period of two weeks from the date of the said order, subject to which the
execution of the balance amount under the impugned decree remain stayed till
the next date of hearing.
3. The learned Counsel for the Appellant states that he has complied
with the said order dated 30th June 2025 by depositing the 50% decretal
amount by 14th July 2025.
4. Accordingly, the interim order dated 30 th June 2025 shall continue to
operate till the next date.
5. The notice of this order shall be served by the Advocates for the
Appellant in Commercial First Appeal No. 14 of 2025 on the Respondent.
6. In the event the Respondent fails to make an appearance on the next
date in spite of the service of the notice of next date, the Commercial First
Appeal No. 14 of 2025 shall be heard in the absence of the Respondent.
7. Both the Commercial First Appeals are accordingly stood over for
admission to 30th July 2026”
10. By subsequent order dated 27 August, 2026, we had directed that the
balance amount be deposited by the appellant-Maersk Line India Pvt. Ltd. The
aforesaid orders were complied and as on date, the total amount of Rs.699699.08
stands deposited by the respondent in Commercial First Appeal No. 14 of 2025
in this Court.
11. It is on such backdrop, we have heard learned counsel for the parties on the
earlier occasion. Both the parties have taken a very fair approach that considering
the nature of the disputes, the disputes should be resolved. Accordingly, learned
counsel for the parties are before the Court to contend that the parties have now
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amicably settled the disputes and by consent of the parties, both the appeals can
be disposed of in terms of the Minutes of the Order, which reads as under:
i) The plaintiff withdraws Commercial Suit No. 101121 of 2021 and
Commercial Suit No. 101123 of 2021 subject to receipt of Rs.699,669.08.
ii) The sum of Rs.699,669.08 along with interest if any, be deposited
by the respondent in Commercial First Appeal No. 14 of 2025 shall be
released to the plaintiff forthwith.
iii) Ordered as aforesaid. Accordingly, the Commercial Suit No. 101121
of 2021 and Commercial Suit No. 101123 of 2021 stands withdrawn.
Commercial First Appeal No. 21 of 2025 and Commercial First Appeal
No. 14 of 2025 with Cross-Objection no. 39921 of 2025 and all Interim
Applications stands disposed as withdrawn.
iv) Court fee to be refunded to the plaintiff as per rules if applicable.
12. We appreciate the aforesaid stand as taken by the parties. We, accordingly,
dispose of the appeals in the terms of the Minutes of the Order as noted
hereinabove.
13. We may also record that such consent has already been recorded by the
parties in the Minutes of the Order, which are initialed for identification by the
learned counsel appearing for both the parties.
14. Refund of Court fees accordingly is permitted as per rules.
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15. The amounts as deposited are permitted to be withdrawn on an application
made by the advocate for the respondent in Commercial First Appeal No. 14 of
2025.
16. Disposed of in the aforesaid terms. No costs.
17. In view of disposal of Commercial First Appeals, Interim Applications as
well as the Cross-objection would not survive and the same are accordingly
disposed of.
(DR. NEELA GOKHALE, J.) (G. S. KULKARNI, J.)
Signed by: Vidya S. Amin Page 5 of 5
Designation: PS To Honourable Judge 22 September, 2026
Date: 24/09/2026 16:13:50
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