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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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