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Bombay High CourtWP/3523/2025disposed off

Hasmukh J Bauva Throu. Poa Talakshi Nathabhai Furia v. Life Insurance Corporation Of India And ORS

2025-03-07Hon'Ble Shri Justice N. J. Jamadar2 pages

3-WP3523-2025.DOC Santosh

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CIVIL APPELLATE JURISDICTION WRIT PETITION NO. 3523 OF 2025 Hasmukh Bauva, through his Constituted Attorney, Shri Talakshi Nathabhai Furia

...Petitioner

Versus

Life Insurance Corporation of India and ors.

...Respondents

SANTOSH SUBHASH KULKARNI Ms. Anu Kaldharan, h/f Anjali Helekar, for the Petitioner. Mrs. Swati Pendse, Assistant Administrative Officer, LIC of India, representative of Respondent No.1, present. SANTOSH SUBHASH KULKARNI Date: 2025.03.10 10:40:20 +0530

CORAM:

N. J. JAMADAR, J.

DATED:

7th MARCH, 2025 PC:- 1.

Heard the learned Counsel for the parties.

2.

The learned Counsel for the parties, on instructions, submits that the parties have resolved the dispute and Consent Terms have been executed. The learned Counsel for the parties seek leave to tender the Consent Terms.

Leave granted.

3.

Hasmukh Bauva, the petitioner, and Mrs. Swati Pendse, the authorized signatory of respondent No.1, are present before the Court. The parties submit that they have executed the Consent Terms voluntarily. They admit the contents of the Consent Terms and execution thereof. They specifically state 1/2

3-WP3523-2025.DOC that they have read and understood the contents of the Consent Terms. The parties are identified by their respective Advocates. It appears that the Consent Terms are voluntarily executed and there is no coercion or duress.

4.

The Consent Terms are thus taken on record and marked 'X'.

5.

The petition, thus, stands disposed in accordance with the Consent Terms 'X'.

6.

The undertakings in the Consent Terms (X) are accepted as the undertakings to the Court.

7.

In view of the Consent Terms (X), the petitioner shall be entitled to the refund of the amount of Rs.4,00,000/- deposited by the petitioner in this Court pursuant to the orders dated 9th May, 2024 and 9th August, 2024.

8.

The Registry shall refund the said amount to the petitioner, alongwith the interest accrued thereon, on proper identification.

9.

The attachment over the property of the petitioner i.e. Flat No.4, 1st Floor at Ratan Abad Co-operative Housing Society Ltd., Grant Road (W), Mumbai - 400 007, also stands removed. 10.

Petition stands disposed.

[N. J. JAMADAR, J.] 2/2