Bombay High Court

KHAIYALILAL GANESHALALJI JAINversusCELINA KUMAR FERNANDO AND ANR

Decided: 12 February 2026
Disposal: Disposed Off
Bench: SHIVKUMAR DIGE

Holding

The appeal may be withdrawn with liberty to re‑file before the Sessions Court.

Summary

The appellant, Khaiyalilal Ganeshalalji Jain, filed an appeal before the Bombay High Court and later sought leave to withdraw the appeal, requesting liberty to re‑file it before the Sessions Court, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran. The principal issue was whether the High Court could permit withdrawal of an appeal pending before it and allow the appellant to pursue the matter in a lower court. The Court examined the counsel’s submission and the precedent cited, finding no impediment to granting such liberty. Accordingly, the Court allowed the withdrawal of the appeal, granted the requested liberty, and ordered the matter to be disposed. The Sessions Court was directed to consider any delay if the appeal is subsequently filed there.

Issues considered

Whether the appellant may be permitted to withdraw an appeal pending before the High Court and re‑file it before the Sessions Court

Subjects

appeal withdrawal
criminal appellate jurisdiction
procedural law
re‑filing of appeal
Supreme Court precedent

Judgment

                                                              132-APEAL-202-2017.doc



Rohit Ghuge


     IN THE HIGH COURT OF JUDICATURE AT BOMBAY
           CRIMINAL APPELLATE JURISDICTION

                         APPEAL NO. 202 OF 2017


Khaiyalilal Ganeshalalji Jain                               … Applicant
       Versus
Celina Kumar Fernando And Anr                               … Respondent
________________________________________________________
Ms. Ritu G. Gehlot i/b S. M. Jain Associates, Advocate for the
Applicant.
Ms. Mahalaxmi Ganpathy, APP for Respondent-State.
________________________________________________________
                                  CORAM : SHIVKUMAR DIGE, J.
                                  DATE            : 12th FEBRUARY 2026

P.C. :

1.            Heard learned counsel for the appellant.
2.            Learned counsel for the appellant, on instructions, seeks leave
to withdraw the appeal with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case of
Celestium Financial Vs. A. Gnanasekaran & Etc.1
3.            Considering the submission of learned counsel for the appellant,
appeal is allowed to be withdrawn with aforesaid liberty and disposed of.
4.            Learned Sessions Court shall consider the delay, if appeal is
filed, as the appeal was pending before this Court.


                                                  (SHIVKUMAR DIGE, J.)
1 (2005) SC 2099.

                                    Page 1 of 1

Continue reading with your account

Checking your session…