NEW INDIA ASSURANCE CO. LTD.versusM/S. DIAMOND CARRIERS
- Disposal
- 47-DISPOSAL IN ANY OTHER MODE FH
- Bench
- D M VYAS
Holding
The appeal is dismissed solely on the ground of the smallness of the amount involved.
Summary
The appellant, New India Assurance Co. Ltd., filed a first appeal (No.1908 of 2015) against a decision involving a claim of Rs.3,26,500, together with two civil applications for stay and direction. The High Court noted that the quantum of the dispute was very small and, in the interest of judicial economy, chose not to entertain the appeal on that ground. No merits of the underlying insurance dispute were examined. As a result, the appeal was dismissed solely on the basis of the smallness of the amount involved. Consequently, the pending civil applications were held to be infructuous and were also dismissed. The order clarified that this dismissal does not affect other appeals that the insurance company may have in related matters.
Issues considered
- Whether a first appeal involving a relatively small monetary amount should be entertained by the High Court
- Whether the civil applications for stay and direction survive after the dismissal of the primary appeal
Subjects
Judgment
C/FA/1908/2015 ORDER DATED: 19/01/2026
IN THE HIGH COURT OF GUJARAT AT AHMEDABAD
R/FIRST APPEAL NO. 1908 of 2015
With
CIVIL APPLICATION (FOR STAY) NO. 1 of 2015
In R/FIRST APPEAL NO. 1908 of 2015
With
CIVIL APPLICATION (FOR DIRECTION) NO. 2 of 2015
In R/FIRST APPEAL NO. 1908 of 2015
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NEW INDIA ASSURANCE CO. LTD.
Versus
M/S. DIAMOND CARRIERS & ORS.
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Appearance:
MR VIBHUTI NANAVATI(513) for the Appellant(s) No. 1
RULE SERVED for the Defendant(s) No. 2,3,4
SERVED BY AFFIX. (R) for the Defendant(s) No. 1
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CORAM:HONOURABLE MR.JUSTICE D. M. VYAS
Date : 19/01/2026
ORAL ORDER
First Appeal No.1908 of 2015
Heard learned Advocates for the respective parties.
Considering the fact that the amount involved is
Rs.3,26,500/-, this Court is not inclined to entertain the
appeal solely on the ground of smallness of amount
involved. Hence, the present appeal is dismissed solely on
the ground of smallness of the amount involved. It is
clarified that this Court has otherwise not examined the
merits of the case and the dismissal of the present appeal
have no bearing on the cognate issues being urged at the
hands of the insurance company in other appeals.
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C/FA/1908/2015 ORDER DATED: 19/01/2026
CIVIL APPLICATION (FOR STAY) NO. 1 of 2015 & CIVIL APPLICATION
(FOR DIRECTION) NO. 2 of 2015:
Since the First Appeal No.1908 of 2015 is dismissed,
the present Civil Applications survive no consideration.
Accordingly, Civil Application No.1 of 2015 and Civil
Application No.2 of 2015 are dismissed as infructuous.
(D. M. VYAS, J)
Anuj
Original copy of this order has been signed by the Hon'ble Judge.
Digitally signed by: SISODIYA ANUJSINH(HCD0069), ENGLISH STENOGRAPHER GRADE TWO CLASS TWO, at High Court of Gujarat on 19/01/2026 17:43:06
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