Bombay High Court

MR. DILIP ANANDJI KARIA AND ORS.versusTHE NEW INDIA ASSURANCE CO. LTD. AND ANR.

Decided: 14 March 2026
Disposal: Disposed Off
Bench: KAMAL KHATA NATIONAL LOK ADALAT

Holding

The Consent Terms constitute a valid settlement, and the appeal is disposed of in accordance with those terms.

Summary

In First Appeal No. 958 of 2025 before the High Court of Judicature at Bombay, the applicants Dilip Anandji Karia & Ors. appealed against New India Assurance Co. Ltd. The parties subsequently reached an amicable settlement and submitted duly executed Consent Terms, which were verified and signed by the parties and their advocates. The Court examined the Consent Terms, confirming they were executed voluntarily, without coercion, and were not contrary to law. Satisfied that the terms reflected the true intentions of the parties, the Court held the settlement valid and ordered the appeal to be disposed of in accordance with the Consent Terms. The judgment also directed the return of any statutory deposit, refund of court fees, and the preparation of a decree, with the record sent back to the jurisdictional Tribunal.

Issues considered

What is the validity of the Consent Terms as a settlement of the dispute?
Can the appeal be disposed of on the basis of the parties' settlement?
Are there any procedural requirements (e.g., return of statutory deposit, court fees) that must be complied with upon settlement?

Subjects

settlement
consent terms
civil appeal
high court
insurance
appeal disposal
statutory deposit
court fees

Judgment

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              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                    BEFORE THE NATIONAL LOK ADALAT
                      CIVIL APPELLATE JURISDICTION

                          FIRST APPEAL NO.958 OF 2025

Dilip Anandji Karia & Ors.                          ...Applicants
     Versus
The New India Assurance Co. Ltd. & Anr.              ...Respondents

                              *********
Mr. Mukesh Aiya a/w Mr. Anuj Pande, Advocate for the Applicant.
Ms Poushali Chakraborty i/by Mr. Abhinav Tewari for Respondent-New
India Assurance Co. Ltd.

                                    *********

                    CORAM :         KAMAL KHATA, J.,
                                    HEAD OF THE PANEL

                                    Dr. M. S. DESHPANDE,
                                    REGISTRAR (JUDICIAL-II), MEMBER

                                    NITIN C. PAWAR,
                                    COURT RECEIVER, MEMBER

                   DATE     :       14th MARCH 2026.

P.C. :

1.         Not on board. Taken on board.

2.         Learned Advocates for the parties submit that the disputes between

them have been amicably settled and tender the duly executed Consent

Terms.
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3.         The parties to the Consent Terms, who are present in Court, have

been identified by the Court Sheristedar and have confirmed their

signatures on the Consent Terms. The Advocates for the respective parties

have also appended their signatures alongside those of their clients,

confirming execution thereof.

4.         The parties present confirm before the Court that the Consent Terms

have been executed voluntarily, of their own free will, and without any

coercion or undue influence.

5.         The Consent Terms tendered are accepted and marked “X” for

identification with today’s date.

6.         Upon perusal, the Consent Terms are found to be in order, not

contrary to law, and reflective of the true intentions of the parties.

7.         We are satisfied that the terms recorded in the Consent Terms

constitute a valid settlement of the disputes between the parties.

8.         The Registry shall ensure that the hard copy of the signed Consent

Terms is permanently retained on record and not sent for destruction in

the ordinary course.

9.         First Appeal is disposed of in terms of Consent Terms.

10.        In view of Consent Terms, Interim Applications, if any, stand

disposed of.
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11.        Statutory deposit, if any, be remitted back to the jurisdictional

Tribunal.

12.        Court fees refund, if any, be made as per Rule.

13.        Decree be drawn up accordingly.

14.        Record and proceeding be sent back to the Tribunal concerned.




  (NITIN C. PAWAR)    (Dr. M. S. DESHPANDE)                  (KAMAL KHATA, J.)
Court Receiver, Member Registrar (Judicial-II)                Head of the Panel
                              Member

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