Bombay High Court
M/S. HONEY IMPEX THORUGH PROPRIETOR SIDDIQUI IMRAMversusPRACHI GARMENT PVT LTD AND ORSS
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
Leave was granted to withdraw the appeals with liberty to re‑file before the Sessions Court.
Summary
M/s Honey Impex, represented by its proprietor Mr. Siddiqui Imram, filed criminal appeals against Prachi Garment Pvt Ltd and others. The appellant's counsel sought leave to withdraw all the appeals and obtain liberty to re‑file them before the Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The High Court considered the submission and, following the precedent, permitted the withdrawal with the specified liberty. Consequently, the appeals were dismissed as withdrawn. The Sessions Court was directed to consider any delay if the appeals are re‑filed.
Issues considered
- Whether the appellant is entitled to leave to withdraw pending criminal appeals and obtain liberty to re‑file them before the Sessions Court.
Subjects
- withdrawal of appeal
- criminal appellate jurisdiction
- procedural law
- re‑filing of appeal
- Supreme Court precedent
Judgment
135-APEAL-2-2015 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 2 OF 2015
WITH
CRIMINAL APPEAL NO. 3 OF 2015
WITH
CRIMINAL APPEAL NO. 4 OF 2015
Digitally signed
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.02.03
KILAJE 15:19:56
+0700 M/s. Honey Impex
through its propriter Mr. Siddiqui Imram ….Appellant
Versus
Prachi Garment Pvt Ltd And Ors. …..Respondents
_________________________________________________________________
Advocate K.V.Sarafudden, for the Appellant.
Mr. S. S. Pednekar, APP for the Respondent-State.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 2nd FEBRUARY, 2026.
P.C. :
1. Heard learned counsel for the appellant.
2. Learned counsel for the appellant, on instructions, seeks leave
to withdraw all the appeals with liberty to file appeals 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,
appeals are allowed to be withdrawn with aforesaid liberty.
1 (2005) SC 2099.
Page 1 of 2
135-APEAL-2-2015 (CR).doc
S.S.Kilaje
4. All Appeals are dismissed and disposed of as withdrawn.
5. Learned Sessions Court shall consider the delay, if appeals are
filed, as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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