Created by Fuzzy Cloud

Bombay High Court

SAYYED SAMEER SAYYED IBRAHIMversusSHABANA SAMEER SAYYED SAMEER

Disposal
APPLICATION ALLOWED

Holding

The court modified the earlier order, allowing the applicant to deposit the ₹25,000 within a week and restored the criminal revision application.

Summary

The applicant, Sayyed Sameer Sayyed Ibrahim, was ordered on 30 June 2026 to deposit ₹25,000 within two weeks or face automatic dismissal of his criminal revision application. He failed to deposit the amount but later claimed that a demand draft was ready, though the court office would not accept it because of the automatic dismissal clause. The judge modified the earlier order, permitting the applicant to deposit the demand draft within one week and directing that notice to the respondent be issued subject to that deposit. The court also restored the criminal revision application. The application was disposed of on these terms.

Issues considered

  • Whether the court can modify an order that imposes automatic dismissal for non‑deposit of security
  • Whether the applicant may be allowed to deposit the security after the original deadline and have the revision application restored

Subjects

  • criminal application
  • deposit of security
  • automatic dismissal
  • modification of court order
  • restoration of revision

Judgment

2026:BHC-AUG:41321
                                                                       2.APPLN.3275.2026.odt



                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                       BENCH AT AURANGABAD

                              CRIMINAL APPLICATION NO. 3275 OF 2026
                                               IN
                              CRIMINAL APPLICATION NO. 2396 OF 2026

          Sayyed Sameer Sayyed Ibrahim                              ...Applicant

                   Versus

          Shabana Sameer Sayyed Sameer                              ...Respondent

                                          ***
           Mr. Jadhav Yogesh Arun, Advocate for the Applicant.
                                          ***

                                                CORAM : SUSHIL M. GHODESWAR, J.
                                                DATE : SEPTEMBER 07, 2026
          PER COURT :

          1.                 Vide order dated 30th June 2026, on the statement made by

          the learned counsel for the Applicant that the Applicant was ready and

          willing to deposit a sum of ₹ 25,000/- before this Court within a

          period of two weeks, notice was issued, returnable on 28 th July 2026.

          It was further observed that, in the event the Applicant failed to

          deposit the aforesaid amount, the present Application would stand

          dismissed without further reference to the Court.


          2.                 Admittedly, the Applicant has not deposited the aforesaid

          amount. However, by moving the present Application, the Applicant



          Shrikant Malani                                                        Page 1 of 2
                                                              2.APPLN.3275.2026.odt



states that the demand draft of ₹ 25,000/- is ready for deposit, but the

same is not being accepted by the office in view of the automatic

dismissal of the Criminal Revision Application.


2.                In view of the above, the order dated 30 th June 2026 is

modified to the extent that the Applicant is permitted to deposit the

demand draft of ₹ 25,000/- before the Registry, within a period of one

week from today.


3.                Subject to the deposit of the aforesaid amount, issue notice

to the Respondents, returnable on 05th October 2026.


4.                The Application is disposed of in the above terms.


5.                The Criminal Revision Application be restored.




                                             ( SUSHIL M. GHODESWAR, J. )




Shrikant Malani                                                         Page 2 of 2


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.