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Bombay High Court

RADHA MADHAV KAMATHversusM/S. TRIMURTI BUILDERS AND DEVELOPERS AND ORS

Decided
Disposal
Disposed Off

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An appeal may be withdrawn with liberty to re‑file before the Sessions Court, subject to the discretion of the court.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 Consequently, the appeal was dismissed and recorded as withdrawn.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  • Whether an appeal pending before a High Court can be withdrawn with liberty to re‑file before a Sessions Court.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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