Bombay High Court
KUMAR SHAH AND ANRversusAMIT MASALIA AND ORS
- Decided
- Disposal
- Allowed To be withdrawn
Holding
The court allowed the withdrawal of the appeal upon the parties’ settlement.
Summary
The appellants, Kumar Shah and another, had filed an appeal against Amit Masalia and others in the Bombay High Court. The parties subsequently settled their dispute amicably. The appellants’ counsel applied to the court for unconditional leave to withdraw the appeal. The court considered the request and, finding no objection, granted leave to withdraw. Consequently, the appeal was disposed of as withdrawn.
Issues considered
- Whether the court may grant leave to withdraw an appeal after the parties have settled their dispute.
Subjects
- settlement
- withdrawal of appeal
- procedural law
- criminal appellate jurisdiction
- court discretion
Judgment
sns 3-apeal-970-2025.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
APPEAL NO.970 OF 2025
Kumar Shah & Anr. … Appellants
V/s.
Amit Masalia & Ors. … Respondents
Ms. Smriti Sajeev a/w. Adv. Yogesh Naidu i/by Mhatre Law Associate for the
Appellants.
Smt. Madhavi H. Mhatre, APP for the Respondent-State.
Mr. Sunil Shinde, Unit-08, MPID, EoW, Mumbai, present.
CORAM : A. S. GADKARI AND
KAMAL KHATA, JJ.
DATE : 28th August, 2026
P.C.:-
1) Learned Advocate for the Appellants on instructions submitted
that, parties herein have settled their disputes and differences amicably and
seek leave to withdraw Appeal unconditionally.
1.1) Leave granted.
2) Disposed off as withdrawn.
(KAMAL KHATA, J.) (A.S. GADKARI, J.)
Digitally
signed by
SUMEDH
SUMEDH NAMDEO
NAMDEO SONAWANE
SONAWANE Date:
1/1
2026.09.03
09:38:30
+0530
Checking your session…