Bombay High Court
RADHA MADHAV KAMATHversusM/S. TRIMURTI BUILDERS AND DEVELOPERS AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
An appeal may be withdrawn with liberty to re‑file before the Sessions Court, subject to the discretion of the court.
Summary
The appellant, Radha Madhav Kamath, filed a criminal appeal before the Bombay High Court against M/s. Trimurti Builders and Developers and others. During the hearing, counsel for the appellant sought permission to withdraw the appeal and obtain liberty to re‑file it before the Sessions Court, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran. The High Court, after considering the submission, allowed the withdrawal with the requested liberty. Consequently, the appeal was dismissed and recorded as withdrawn. The court directed that any future appeal filed in the Sessions Court should consider any delay caused by the earlier filing.
Issues considered
- Whether an appeal pending before a High Court can be withdrawn with liberty to re‑file before a Sessions Court.
Subjects
- appeal withdrawal
- criminal appellate jurisdiction
- procedural law
- re‑filing of appeal
- Supreme Court precedent
Judgment
141-APEAL-5-2015 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 5 OF 2015
Radha Madhav Kamath ….Appellant
Digitally signed
Versus
SONALI by SONALI
SATISH KILAJE
SATISH Date:
2026.02.03
KILAJE 15:19:51
+0700
M/s. Trimurti Builders And Developers & Ors …..Respondents
________________________________________________________________
Ms. Shweta Sangtani, Advocate for the Appellant.
Mr. Vijay Kumar Aggarwal a/w. Ms. Mamta Agarwal, Advocates for
Respondent Nos. 1 to 3.
Mr. P. P. Jadhav, 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 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appeal is allowed to be withdrawn with aforesaid liberty.
4. Appeal is dismissed and disposed of as withdrawn.
1 (2005) SC 2099.
Page 1 of 2
141-APEAL-5-2015 (CR).doc
S.S.Kilaje
5. Learned Sessions Court shall consider the delay, if appeal is
filed, as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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