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
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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. )
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