Bombay High Court

NEW INDIA INSURANCE CO. LTD.versusJAGDEEP SINGH SWARNA SINGH SARDAR AND ANR.

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The appeal was disposed of because the parties had reached a settlement reflected in the consent terms.

Summary

The appellant New India Insurance Co. Ltd. appealed a civil decree, but both parties subsequently entered into a compromise and executed consent terms, which were filed as document ‘X’. The appellant was represented by counsel, while the original claimant was represented through a power of attorney as the claimant was abroad. The court noted that the parties had amicably settled the dispute and therefore disposed of the appeal in accordance with the consent terms. It ordered the statutory deposit with accrued interest to be transferred to M.A.C.T Mumbai, allowing the appellant to withdraw the amount and obtain a refund of court fees. All pending applications were also dismissed.

Issues considered

Whether a civil appeal can be disposed of on the basis of a settlement and consent terms filed by the parties

Subjects

compromise
consent terms
civil appeal
statutory deposit
court fees
settlement

Judgment

                                                                   63-FA-746-2025.doc

vaishnavi

                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                               CIVIL APPELLATE JURISDICTION


                               FIRST APPEAL NO. 746 OF 2025
                                          WITH
                           INTERIM APPLICATION NO. 3644 OF 2025
                                            IN
                               FIRST APPEAL NO. 746 OF 2025


            New India Insurance Co. Ltd.                           ...Appellant
                      V/s.
            Jagdeep Singh Swarna Singh
            Sardar and Anr.                                        ...Respondents


            Ms. Swati Sinha, for the Applicant/Appellant.
            Mr. Faizan Shaikh, for Respondent No. 1.

                              CORAM : PRAFULLA S. KHUBALKAR, J.
                              DATE : 28th SEPTEMBER, 2026.
            P.C. :-

            1.           The learned counsel for appellant as well as original

            claimants submit that the parties have compromised the matter and

            they have also executed consent terms which are signed by the parties

            and their respective lawyers.

            2.           It is also pointed out that the original claimant is

            represented by the power of attorney holder since the original

            claimant is currently in Canada. It is informed that the power of

            attorney holder of respondent no. 1 is personally present. The original

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                                                        63-FA-746-2025.doc

document of consent terms has been tendered across the bar and the

same is taken on record and marked as document ‘X’ for identification

purposes.

3.          In view of the fact that the parties have amicably settled

the dispute in terms of compromise, the instant appeal is disposed of

in view of the consent terms. The undertakings mentioned in the

consent terms be treated as       undertaken given to the court. The

parties are directed to act in accordance with the consent terms.

4.          The amount of statutory deposit along with accrued

interest be transferred to M.A.C.T Mumbai and the appellant is

entitled to withdraw the said amount. The appellant is also entitled

for refund of court fees as per rules.

5.          Pending applications stands disposed of.



                                         (PRAFULLA S. KHUBALKAR, J.)




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