Bombay High Court

PIYUSH PANDURANG PAWARversusMEGHA PRADIP AGRAWAL AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The application for leave to appeal was permitted to be withdrawn in light of Celestium Financial v. A. Gnanasekaran, with liberty to file fresh proceedings before the learned Sessions Court and with the time spent in the High Court to be considered under Section 14 of the Limitation Act, 1963 for condonation of delay.

Summary

The applicant, Piyush Pandurang Pawar, filed an application for leave to appeal before the Bombay High Court, Circuit Bench at Kolhapur, against Megha Pradip Agrawal and another. The applicant's counsel sought permission to withdraw the application in light of the Supreme Court judgment in Celestium Financial v. A. Gnanasekaran. The High Court allowed the application to be withdrawn. Liberty was granted to the applicant to file fresh proceedings before the learned Sessions Court. The Court further directed that the time spent by the applicant in the High Court be considered under Section 14 of the Limitation Act, 1963 for the purpose of condonation of delay. The application was accordingly disposed of as withdrawn. No merits of the underlying dispute were decided.

Issues considered

Whether the application for leave to appeal may be withdrawn in light of the judgment in Celestium Financial v. A. Gnanasekaran?
Whether the applicant should be granted liberty to file fresh proceedings before the learned Sessions Court?
Whether the time spent in the High Court should be considered under Section 14 of the Limitation Act, 1963 for condonation of delay?

Legislation cited

Limitation Act, 1963 — s. 14

Subjects

Criminal Appellate Jurisdiction
Leave to Appeal
Withdrawal of Application
Liberty to File Fresh Proceedings
Section 14 of Limitation Act, 1963
Condonation of Delay
Celestium Financial v. A. Gnanasekaran

Judgment

                                                          48-ALP-2160-2023 (CR).doc




            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                   CRIMINAL APPELLATE JURISDICTION

    APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 2160 OF 2023
Piyush Pandurang Pawar                         .....Applicant
      VS
Megha Pradip Agrawal & Anr.                   .....Respondents
                                  ...
Mr. Paras Jadhav i/b Mr. Rohan Barge, for the Applicant.

Mr. Narayan D. Dhavale i/b Mr. Ashok B Tajane, for the Respondent
No.1.

Mr. Pankaj Deokar, A.P.P., for the Respondent-State.
                                     ...

                                        CORAM: SANDESH D. PATIL, J.
                                        DATED: 6th AUGUST 2026.
P. C. :

1.        Learned Counsel for the Applicant seeks permission of this Court

for withdrawal of this matter in the light of the judgment of Celestium

Financial Vs. A. Gnanasekaran Etc. [(2025) SCC Online SC 1320].



2.        Accordingly, the Application is allowed to be withdrawn with

liberty to file fresh proceedings before the learned Sessions Court.



3.        In case, such proceedings are filed, the time spent by the




Manisha                             1
               Digitally signed
               by MANISHA
MANISHA        BALKRISHNA
BALKRISHNA     TALEKAR
TALEKAR        Date: 2026.08.07
               19:16:58 +0530
                                                        48-ALP-2160-2023 (CR).doc




Applicant in this Court be considered as per Section 14 of the Limitation

Act, 1963 for the purpose of condonation of delay.



4.        Accordingly, Application for Leave to Appeal (Pvt.) No.2160 of

2023 is disposed of as withdrawn.




                                                (SANDESH D. PATIL, J.)




Manisha                            2

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