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High Court of Gujarat

ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTDversusSHAHINBI YUSUF SAKIL SHAIKH

Disposal
47-DISPOSAL IN ANY OTHER MODE FH

Holding

The appeal is dismissed solely on the ground of smallness of the amount involved.

Summary

Royal Sundaram Alliance Insurance Company Ltd appealed a trial court decision concerning a claim of Rs.4,65,500 against Shahinbi Yusuf Sakil Shaikh and others. The sole ground raised by the insurer was that the amount involved was small. The High Court of Gujarat held that it would not entertain an appeal merely because the claim amount is modest. Consequently, the appeal was dismissed without examining the merits of the underlying dispute. The order clarified that the dismissal does not affect related issues raised by the insurer in other appeals.

Issues considered

  • Whether a civil appeal may be dismissed solely on the ground of the smallness of the amount involved.

Subjects

smallness of suitappeal dismissalcivil procedurejurisdictioninsurance claim

Judgment

           C/FA/2321/2015                                                               ORDER DATED: 19/01/2026




               IN THE HIGH COURT OF GUJARAT AT AHMEDABAD

                              R/FIRST APPEAL NO. 2321 of 2015

 ==========================================================
           ROYAL SUNDARAM ALLIANCE INSURANCE COMPANY LTD
                                Versus
                  SHAHINBI YUSUF SAKIL SHAIKH & ORS.
 ==========================================================
 Appearance:
 MR DAKSHESH MEHTA(2430) for the Appellant(s) No. 1
 MR. RUSHANG D MEHTA(6989) for the Appellant(s) No. 1
 MR.HIREN M MODI(3732) for the Defendant(s) No. 2,3
 MS KIRTI S PATHAK(9966) for the Defendant(s) No. 5
 RULE SERVED for the Defendant(s) No. 1,4
 ==========================================================

    CORAM:HONOURABLE MR.JUSTICE D. M. VYAS

                                               Date : 19/01/2026

                                                    ORAL ORDER


            Heard learned Advocates for the respective parties.
            Considering the fact that the amount involved is
 Rs.4,65,500/-, 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.
            R&P, if any, be sent back to the concerned trial Court.



                                                                                                     (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 18:34:00

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