Bombay High Court
HYBRID FINANCIAL SERVICES LTDversusM/S. ELBEE SERVICES LTD AND ORS
- Decided
- Disposal
- Disposed Off
- Bench
- SHIVKUMAR DIGE
Holding
The appeal may be withdrawn with liberty to re‑file before the Sessions Court.
Summary
Hybrid Financial Services Ltd. appealed against M/s. Elbee Services Ltd. and others. The appellant sought leave to withdraw the appeal and obtain liberty to file a fresh appeal before the Sessions Court, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran. The High Court considered the submission and allowed the withdrawal with the requested liberty. Consequently, the appeal was dismissed and recorded as withdrawn. The Court directed the Sessions Court to consider any delay if the appellant later files the appeal there.
Issues considered
- Whether an appellant may be permitted to withdraw a criminal appeal and be granted liberty to re‑file the appeal before a lower court.
Subjects
- appeal withdrawal
- criminal procedure
- re‑filing
- jurisdiction
- procedural law
Judgment
137-APEAL-70-2015 (CR).doc
S.S.Kilaje
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 70 OF 2015
Hybrid Financial Services Ltd. ….Appellant
Versus
M/s. Elbee Services Ltd And Ors. …..Respondents
SONALI
Digitally signed
by SONALI
SATISH KILAJE
________________________________________________________________
SATISH Date:
2026.02.03
KILAJE 15:19:45
+0700
Advocate R.V.Pillai, for the Appellant.
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appeal is allowed to be withdrawn with aforesaid liberty.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 Appeal is dismissed and disposed of as withdrawn.
5. Learned Sessions Court shall consider the delay, if appeal is
filed, as application was pending before this Court.
(SHIVKUMAR DIGE, J.)
1 (2005) SC 2099.
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