Created by Fuzzy Cloud

Bombay High Court

HYBRID FINANCIAL SERVICES LTDversusM/S. ELBEE SERVICES LTD AND ORS

Decided
Disposal
Disposed Off

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The appeal may be withdrawn with liberty to re‑file before the Sessions Court.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 Consequently, the appeal was dismissed and recorded as withdrawn.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.

                                                               Page 1 of 1


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.