Bombay High Court
LIC HOUSING FINANCE LIMITEDversusM/S. RAPID 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An appeal may be withdrawn with liberty to re‑file before the Sessions Court, as per the precedent set by Celestium Financial v. Ghanasekaran.
Summary
The appellant, LIC Housing Finance Limited, filed criminal appeals against M/s. Rapid Developers and others in the Bombay High Court. The appellant sought permission to withdraw these appeals and to re‑file them before the Sessions Court, relying on the Supreme Court’s decision in Celestium Financial v. Ghanasekaran. The Court considered whether such withdrawal with liberty to re‑file is permissible. Relying on the precedent, the Court allowed the withdrawal of the appeals and granted liberty to approach the Sessions Court. Consequently, the appeals were dismissed and recorded as withdrawn, with a direction that the Sessions Court may consider any delay if the appeal is later filed.
Issues considered
- Whether an appellant may withdraw a criminal appeal and be granted liberty to re‑file it before a lower court.
- Whether the Supreme Court’s ruling in Celestium Financial v. Ghanasekaran governs the withdrawal of appeals in this case.
Subjects
- withdrawal of appeal
- liberty to refile
- criminal appellate jurisdiction
- procedural law
- precedent
Judgment
53-APEAL-774-2015.doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 774 OF 2015
Lic Housing Finance Limited … Appellant
Versus
Digitally signed
NILAM by NILAM
SANTOSH
M/s. Rapid Developers And Ors … Respondents
SANTOSH KAMBLE
KAMBLE Date: 2026.01.09
11:27:26 +0530 WITH
CR. APPEAL NO. 760 OF 2015
Lic Housing Finance Limited … Appellant
Versus
M/s. Rapid Developers And Ors … Respondents
________________________________________________________
M/s.Consulta Juris, for the Appellant.
Mr.Somil Gada i/b Mr.Tushar Goradia, for Respondent Nos.1 to 3.
Mr.M.G. Patil, APP for Respondent-State.
________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 8th JANUARY, 2026
P.C. :
. Heard learned counsel for Applicant, learned counsel for
Respondent Nos.1 to3 and learned APP.
2. Learned counsel for Applicant on instructions seeks leave to
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53-APEAL-774-2015.doc
N.S.Kamble
withdraw these appeals with liberty to file appeal before the learned
Sessions Court as per the view of the Hon’ble Apex Court in the case
Celestium Financial Vs. Ghanasekaran Etc.1
3. Considering the submission of learned counsel for Appellant,
Appeals are allowed to be withdrawn with aforesaid liberty.
4. Appeals are 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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