Bombay High Court

SHRI SAINT DAMAJI SAHAKARI SAKHAR KARKHANA LTD.versusGORAKH JAYWANT BHOSALE AND ANR

Disposal: Disposed off as Withdrawn
Bench: SANDESH D PATIL

Holding

The application for leave to appeal is disposed of as withdrawn.

Summary

The applicant, Saint Damaji Sahakari Sakhar Karkhana Ltd., filed an application for leave to appeal (No. 433 of 2018) in the Bombay High Court, seeking to withdraw the appeal and obtain liberty to initiate appropriate proceedings before the Sessions Judge. The applicant relied on the judgment in Celestium Financial Ltd. v. A. Gyanasekaran (2025 INSC 804) to support the withdrawal. The learned counsel for the applicant submitted that the withdrawal would not prejudice any party and would streamline the litigation. The court considered the request and, without expressing any substantive objection, disposed of the application as withdrawn. Consequently, the appeal stands withdrawn, and the applicant may pursue fresh proceedings before the Sessions Court as indicated.

Issues considered

Whether the application for leave to appeal can be withdrawn with liberty to file fresh proceedings before the Sessions Judge

Subjects

withdrawal of appeal
leave to appeal
criminal appellate jurisdiction
procedural law
high court

Judgment

                                                         23-ALP-433-2018 (CR).doc




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

      APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 433 OF 2018

Shri Saint Damaji Sahakari Sakhar Karkhana Ltd. .....Applicant
      Vs.
Gorakh Jaywant Bhosale & 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.433 of 2018 is

disposed of as withdrawn.




                                                (SANDESH D. PATIL, J.)


Manisha                            1

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