Bombay High Court

NSEL INVESTORS ACTION GROUPversusSTATE OF MAHARASHTRA AND ORS

Decided: 28 January 2026
Disposal: Allowed To be withdrawn
Bench: A S GADKARI SHYAM C CHANDAK

Holding

The Court granted leave to withdraw the appeal and disposed of both the appeal and the related interim application.

Summary

The NSEL Investors Action Group filed Criminal Appeal No.847 of 2024 before the Bombay High Court, seeking to challenge certain orders. The appellant submitted an affidavit dated 27 January 2026, in which it solemnly requested leave to withdraw the appeal. The respondents and other parties raised no objection to the affidavit. The Court accepted the affidavit, found that no further issues remained, and granted leave to the appellant to withdraw the appeal. Consequently, the appeal was disposed of as withdrawn, and the related Interim Application No.4706 of 2025 was also dismissed as it no longer survived.

Issues considered

Whether the appellant is entitled to withdraw a criminal appeal at the appellate stage.
Whether the withdrawal of the appeal automatically results in the dismissal of the pending interim application.

Subjects

withdrawal of appeal
criminal appellate jurisdiction
interim application
procedural law
affidavit

Judgment

     H.C. SHIV                                                 8.app847.24.doc

                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       CRIMINAL APPELLATE JURISDICTION

                       CRIMINAL APPEAL NO.847 OF 2024

NSEL Investors Action Group                   …..Appellant
      Vs.
State of Maharashtra & Ors.                   …..Respondents
                                    WITH
                     INTERIM APPLICATION NO.4706 OF 2025
                                     IN
                       CRIMINAL APPEAL NO.847 OF 2024

63 Moons Technologies Ltd.                    …..Applicant
     Vs.
NSEL Investors Action Group & Ors.            …..Respondents
                  __________________________________________

Mr. Akash Jain, Advocate i/b Mansukhlal Hiralal & Co. for the Appellant.
Ms. Leena Patil, Spl. P. P. for Respondent No.2 in Appeal/847/2024 and
Respondent No.3 in IA/4706/2025.
Mr. Arvind Lakhawata, Advocate with Mr. Vrushabh Vig with Mr. Manik
Joshi with Mr. Vikrant Nalawade i/b M/s. Crawford Bayley & Co. for the
Applicant in IA/4706/2025 and for Respondent No.3 in Appeal/847/2024.
Smt. P. P. Shinde, APP for the Respondent-State.

                  __________________________________________

                                  CORAM :     A. S. GADKARI AND
                                              SHYAM C. CHANDAK, JJ.
                                     DATE :   28th JANUARY, 2026.


P.C.:-

1)               Learned Advocate appearing for the Appellant tendered across

the bar Affidavit of Mr. Ali Shah, the authorised representative of the

Appellant dated 27th January, 2026, duly affirmed before the Notary Public.

2)               Learned Spl. P. P. appearing for Respondent Nos.1 and 2, and


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     H.C. SHIV                                                  8.app847.24.doc

learned Counsel appearing for Respondent No.3 have no objection for

accepting the said Affidavit.

2.1)             In view thereof, we accept the statements made by the

authorised representative of the Appellant as stated in Affidavit dated 27 th

January, 2026.

3)               In view of the solemn statements made by the Appellant in its

Affidavit dated 27th January, 2026, nothing further survives in this Appeal at

this stage.

3.1)             Learned Advocate for the Appellant therefore seeks leave to

withdraw the Appeal with liberty as stated in paragraph Nos.5 and 6 of the

Affidavit dated 27th January, 2026.

3.2)             Leave granted.

4)               Disposed off as withdrawn with aforesaid liberty.

5)               In view of disposal of the Appeal, Interim Application No.4706

of 2025 filed therein does not survive and is also disposed off.



          (SHYAM C. CHANDAK, J.)                      (A.S. GADKARI, J.)




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