Bombay High Court

NEW INDIA INSURANCE CO. LTD.versusNIETU RAMSAMBHAR SHUKLA AND ANR.

Decided: 28 September 2026
Disposal: Disposed Off

Holding

The appeal was disposed of in accordance with the parties' consent terms, effectively dismissing the appeal.

Summary

The appellant, New India Insurance Co. Ltd., filed an appeal against respondents Nietu Ramsambhar Shukla and another. Both parties executed a consent decree, which was presented in court and recorded as document ‘X’. The court observed that the dispute had been amicably settled by compromise 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 to receive a refund of court fees as per the rules. All pending applications were also disposed of.

Issues considered

Whether an appeal can be dismissed on the basis of a settlement and consent terms executed by the parties

Subjects

compromise
consent decree
civil appeal
statutory deposit
court fees

Judgment

                                                                64-FA-752-2025.doc

vaishnavi

                  IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                          CIVIL APPELLATE JURISDICTION


                             FIRST APPEAL NO. 752 OF 2025



            New India Insurance Co. Ltd.                        ...Appellant
                     V/s.
            Nietu Ramsambhar Shukla 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 pointed out that the respondent no. 1 is personally

            present. The original document of consent terms has been

            tendered across the bar and the same is taken on record and



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                                                      64-FA-752-2025.doc

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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