Bombay High Court

MOHANLAL KANWARLAL VAIDversusASAVARI AVINASH DESHPANDE AND ANR.

Disposal: Allowed
Bench: SANDESH D PATIL

Holding

The Court allowed the appellant to withdraw the appeal, holding that such withdrawal is permissible notwithstanding the limitation considerations.

Summary

The appellant, Mohanlal Kanwarlal Vaid, filed an application seeking leave to withdraw his criminal appeal after a judgment in Celestium Financial v. A. Ghanasekaran. He also requested permission to initiate appropriate proceedings before the Sessions Judge. The Court considered the time taken by the appellant to prosecute the impugned order and referred to Section 14 of the Limitation Act. The Court granted leave to withdraw the appeal and allowed the appellant to pursue further proceedings before the Sessions Court. Consequently, the appeal was disposed of as withdrawn.

Issues considered

Whether the Court may grant leave to withdraw a criminal appeal after a significant lapse of time.
Whether the limitation period under Section 14 of the Limitation Act applies to the withdrawal of an appeal.

Legislation cited

Limitation Act — s. 14

Subjects

appeal withdrawal
limitation period
criminal procedure
section 14 Limitation Act
leave to appeal

Judgment

47-ALP-439-2018 (CR).doc

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

APPLN FOR LEAVE TO APPEAL(PVT.) NO. 439 OF 2018

Mohanlal Kanwarlal Vaid .....Appellant
Vs.
Asavari Avinash Deshpande & Anr.. .....Respondents
.....
Mr. Sagar Kale for Mr. Priyal Gopaldas Sarda, Advocate for Appellant.
Mr. Chaudhari, APP for Respondent-State.
.....

CORAM: SANDESH D. PATIL, J.
DATED: 2nd JULY 2026.

P. C. :

1. Learned counsel appearing for the Appellant seeks leave to

withdraw the present Appeal in view of the judgment in the case of Ms.

Celestium Financial Vs. A. Ghanasekaran Etc.1

2. He further seeks leave to file appropriate proceedings before the

learned Sessions Judge. Leave is granted to withdraw the Appeal. The

time taken by the Petitioner in prosecuting the impugned order before

this Court shall be considered under Section 14 of the Limitation Act.

1 Cr. Appeal arising out of SLP (Cri.Nos.137/139 of 2025)

Suresh
1
47-ALP-439-2018 (CR).doc

3. Hence, the Appeal is disposed of as withdrawn.

(SANDESH D. PATIL, J.)

Suresh
2

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