Bombay High Court
SHRIRAM GENERAL INSURANCE COMPANY LTD.versusKAVITA DEEPAK KINI AND ORS.
- Decided
- Disposal
- Disposed Off
Holding
The appeal is disposed of in accordance with the consent terms signed by the parties.
Summary
The appellant, Shriram General Insurance Co. Ltd., appealed a dispute that had been resolved through mediation, with the parties having signed consent terms. The consent terms, attached as document “X”, stipulated that the original claimants could withdraw the amount due, and the appellant was entitled to a refund of court fees and the transfer of the statutory deposit to M.A.C.T., Vasai within thirty days. The appellant was also permitted to file an application for withdrawal of the deposited amount. The court examined the consent terms and found them to be duly executed and comprehensive. Consequently, the court disposed of the first appeal in accordance with the consent terms, ordering the statutory deposit to be transferred and allowing the appellant to seek a refund of court fees.
Issues considered
- What is the effect of the consent terms signed by the parties on the pending appeal?
- Is the appellant entitled to a refund of court fees and transfer of the statutory deposit as per the consent terms?
Subjects
- mediation
- consent terms
- court fees refund
- statutory deposit
- appeal disposal
Judgment
903-fa320-22.doc
vai
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE JURISDICTION
VASANT FIRST APPEAL NO.320 OF 2022
ANANDRAO
IDHOL Shriram General Insurance Co. Ltd. ...Appellant
V/s.
Digitally signed by
VASANT Kavita Deepak Kini & Ors. ...Respondents
ANANDRAO
IDHOL
Date: 2026.09.24
19:44:17 +0530
Mr.Pandit Kasar for the Appellant.
Mr.Vikas R. More for Respondent Nos.1 to 3.
CORAM : PRAFULLA S. KHUBALKAR, J.
DATE : 24TH SEPTEMBER, 2026.
P.C. :-
1. Learned counsel for appellant as well as learned counsel for
respondent nos.1 to 3 (original claimants) submit that the controversy
in the instant appeal is finally disposed of before the Mediator and the
parties have also signed the consent terms. The original document of
‘Consent Terms’ is attached with the report of the Mediator and the
consent terms are taken on record and marked as document “X” for
identification purpose.
2. In accordance with the consent terms, the original
claimants are entitled to take necessary steps for withdrawal of the
amount. The appellant is entitled for refund of the court fees as per
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903-fa320-22.doc
rules. The amount of statutory deposit deposited by the appellant in
this Court be transferred to the M.A.C.T., Vasai within a period of
thirty days from today and the appellant is permitted to file an
application for withdrawal of the said amount.
3. The instant First Appeal is disposed of in view of the
‘Consent Terms’.
(PRAFULLA S. KHUBALKAR, J.)
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