Bombay High Court
M/S. ECHJAY INDUSTRIES PVT LTDversusKHALIDA LOKHANDWALA AND ANR
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal may be withdrawn with liberty to re‑file before the Sessions Court.
Summary
M/s. Echjay Industries Pvt Ltd filed multiple criminal appeals (Nos. 320-324 of 2016) against Khalida Lokhandwala and anr. The appellant later sought leave to withdraw these 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 (2005) SC 2099. The Court examined whether such withdrawal with a liberty to re‑file is permissible under criminal procedure. Relying on the precedent, the Court held that the appellant may be allowed to withdraw the appeals and re‑file them in the Sessions Court, subject to the Sessions Court’s discretion to consider any delay. Consequently, the appeals were permitted to be withdrawn and the matter was disposed of.
Issues considered
- Whether an appellant may be granted leave to withdraw a criminal appeal and be permitted to re‑file the matter before the Sessions Court.
Subjects
- withdrawal of appeal
- criminal procedure
- sessions court
- precedent
- procedural law
Judgment
138-APEAL-320-2016 (CR).doc
Shubhada S Kadam
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 320 OF 2016
CRIMINAL APPEAL NO. 321 OF 2016
CRIMINAL APPEAL NO. 322 OF 2016
CRIMINAL APPEAL NO. 323 OF 2016
CRIMINAL APPEAL NO. 324 OF 2016
M/S. Echjay Industries Pvt Ltd
Versus
Khalida Lokhandwala and anr.
_________________________________________________________________
Mr. Alok Bagla i/b. M/s. Bagla and Associates, Advocate for Appellant.
Mr. Prashant P. Jadhav, APP for Respondent No.2-State in IA/320/2016.
Ms. Veera S. Shinde, APP for Respondent No.2-State in IA/321 and
323/2016.
Ms. Ranjana D. Humane, APP for Respondent-No.2-State in IA/324/2016.
Ms. Mahalaxmi Ganapathy, APP for Respondent-No.2-State in
IA/322/2016.
_________________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 6th 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
Digitally
signed by
SHUBHADA
SHUBHADA SHANKAR
SHANKAR KADAM
KADAM Date:
Celestium Financial Vs. A. Gnanasekaran & Etc.1
2026.02.09
18:33:24
+0530
1 (2005) SC 2099.
Page 1 of 2
138-APEAL-320-2016 (CR).doc
Shubhada S Kadam
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 appeals are
filed, as criminal appeals were pending before this Court.
5. The appellant is permitted to produce documents filed along
with these appeals before the Sessions Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
Checking your session…