Bombay High Court

SHRI SAINT DAMAJI SAHAKARI SAKHAR KARKHANA LTD.versusBAJRANG SHAMRAO GHODAKE AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The Court permitted the withdrawal of the application for leave to appeal and disposed of it as withdrawn.

Summary

The applicant, Saint Damaji Sahakari Sakhar Karkhana Ltd., filed an application for leave to appeal (No. 432 of 2018) in the Bombay High Court. The applicant sought to withdraw this application and instead pursue appropriate proceedings before the Sessions Judge, relying on the precedent set in Celestium Financial Ltd. v. A. Gyanasekaran (2025 INSC 804). Counsel for the applicant argued that the withdrawal was permissible and in the interests of justice. The Court considered whether the withdrawal of a leave‑to‑appeal application could be allowed. Finding no impediment, the Court ordered the application to be disposed of as withdrawn. Consequently, the appeal was not pursued further in the High Court.

Issues considered

Whether the applicant may withdraw the pending application for leave to appeal and instead initiate appropriate proceedings before the Sessions Judge

Subjects

withdrawal of appeal
leave to appeal
criminal procedure
application for leave to appeal
Bombay High Court

Judgment

                                                           22-ALP-432-2018 (CR).doc




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

      APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 432 OF 2018

Shri Saint Damaji Sahakari Sakhar Karkhana Ltd. .....Applicant
      Vs.
Bajrang Shamrao Ghodake & Anr.                     .....Respondents
                                 .....
Mr. Ashish A. Chavan i/b Mr. Subras Inamdar, for the Applicant.

Mr. Shriram Chaudhari, A.P.P., for the Respondent-State.
                                    .....

                                       CORAM: SANDESH D. PATIL, J.
                                       DATED: 25th JUNE 2026.
P. C. :

1.        Learned Counsel for the Applicant submits that the Applicant

wants to withdraw the present Application with liberty to file

appropriate proceedings before the learned Sessions Judge in view of

the Judgment of M/s. Celestium Financial Vs. A. Gyanasekaran (2025

INSC 804).



2.        Accordingly, Application for leave to Appeal No.432 of 2018 is

disposed of as withdrawn.



                                                 (SANDESH D. PATIL, J.)


Manisha                            1

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