Bombay High Court

ACKO GENERAL INSURANCE CO. LTD.versusSHABANA SHAKIL KORBU AND ORS.

Disposal: DISMISSED FOR NON-PROSECUTION/DEFAULT AT FINAL HEARING STAGE

Holding

The Court disposed of the appeals and any pending applications on account of the parties' compromise settlement.

Summary

ACKO General Insurance Co. Ltd. filed two first appeals (Nos. 2589 and 2592 of 2026) against the Korbu family members. The appellant submitted compromise deeds (Exhibit‑8) indicating that the disputes had been settled and the award satisfied. On the basis of the settlement, the appellant prayed for withdrawal of the appeals and for disposal of any pending applications. The Court, after noting the compromise, ordered that the appeals be disposed of and that any pending applications stand disposed. It further directed that the appellant's claim for return of court fees be dealt with as per law and that statutory deposits be transmitted to the jurisdictional Tribunal with accrued interest, allowing the parties to withdraw them under the applicable rule.

Issues considered

Whether an appeal can be withdrawn after the parties have reached a compromise settlement.
Effect of a compromise on pending applications related to the same suit.
Entitlement of the appellant to a refund of court fees after withdrawal of the appeal.

Subjects

compromise settlement
withdrawal of appeal
civil appellate jurisdiction
court fees refund
statutory deposits

Judgment

40, 41-IA-489-2026 (C)sm.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR

CIVIL APPELLATE JURISDICTION

40 FIRST APPEAL(ST) NO. 2589 OF 2026
WITH
INTERIM APPLICATION NO. 489 OF 2026

ACKO General Insurance Co. Ltd. ...Appellant
Versus
Kajal Rajjak Korbu And Ors. ...Respondents

41 FIRST APPEAL(ST) NO. 2592 OF 2026
WITH
INTERIM APPLICATION NO. 499 OF 2026

ACKO General Insurance Co. Ltd. ...Appellant
Versus
Shabana Shakil Korbu And Ors. ...Respondents

…..
Adv. Aditya Ghadge h/f Adv. Sachin Phatak, for Appellant.
…..

CORAM : SHAILESH P. BRAHME, J.

DATE : 24th AUGUST, 2026.

P.C. :

The counsel for the appellant tenders on record the copies of the

compromise pursis, Exhibit – 8, preferred in Execution Nos.15 of 2026

and 16 of 2026, to indicate that the matters have been settled between

the parties and the award is satisfied.

2. In view of supervening events, he prays for the withdrawal of the

This order is corrected pursuant to speaking to the minutes of order dated 27.08.2026.
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40, 41-IA-489-2026 (C)sm.doc

appeals. The compromise pursis and orders passed thereon are taken on

record and marked as ‘Exhibit - X’ and ‘Exhibit - Y’ respectively.

3. Accordingly, the appeals are disposed of.

4. In view of disposal of the appeals, pending applications, if any,

also stand disposed of.

5. The claim for return of the court fees to the appellant shall be

dealt with in accordance with law.

6. The statutory deposits, be transmitted to the jurisdictional

Tribunal along with accrued interest thereon. The parties are at liberty

to withdraw it as per rule.

[ SHAILESH P. BRAHME, J.]

This order is corrected pursuant to speaking to the minutes of order dated 27.08.2026.
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