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Bombay High Court

VILAS HIRAJI SERNEKARversusASHOK GOPAL BANJAN AND ANR.

Decided
Disposal
Disposed Off

Holding

Both interim applications were dismissed as infructuous or improperly placed.

Summary

The applicant, Vilas Hiraji Sernekar, paid the full cheque amount and sought an additional Rs 50,000, requesting a three‑week extension to pay it. The respondent consented to accept the Rs 50,000 and the court stood the matter over to 30‑Oct‑2026. Two interim applications were filed: Interim Application No. 1206/2022, which was held infructuous because the applicant’s sentence was already suspended and he was on bail, and Interim Application No. 2956/2022, which was dismissed as the applicant had already been permitted by the trial court to withdraw Rs 1,40,000 with interest, making the application improperly placed before the revision. Both interim applications were therefore disposed of by the court.

Issues considered

  • Whether the interim application seeking time to pay Rs 50,000 is maintainable when the applicant’s sentence is suspended and he is on bail
  • Whether the interim application for withdrawal of Rs 1,40,000 is correctly placed before the revision application

Subjects

  • revision application
  • interim application
  • bail
  • sentence suspension
  • withdrawal of money
  • court order

Judgment

                                                                              16-REVN-156-2022 (CR).doc


                   Tikam


                                      IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                            CRIMINAL APPELLATE JURISDICTION

                                    CRIMINAL REVISION APPLICATION NO. NO. 156 OF 2022

VAISHALI                   Vilas Hiraji Sernekar                                   ...Applicant/s
ANIL                       Versus
TIKAM                      Ashok Gopal Banjan and anr..                            ...Respondent/s
Digitally signed
by VAISHALI                                               With
ANIL TIKAM
Date:                                     INTERIM APPLICATION NO. 1206 OF 2022
2026.10.08
18:12:53 +0530                           IN REVISION APPLICATION NO. 156 OF 2022

                           Vilas Hiraji Sernekar                                   ...Applicant/s
                           Versus
                           Ashok Gopal Banjan and anr..                            ...Respondent/s

                                                          With
                                          INTERIM APPLICATION NO. 2956 OF 2022
                                         IN REVISION APPLICATION NO. 156 OF 2022

                           Ashok Gopal Banjan and anr..                            ...Applicant/s
                           Versus
                           Vilas Hiraji Sernekar and anr.                          ...Respondent/s

                           _________________________________________________________________

                           Mr. Sachin Hande, Advocate for Applicant.
                           Mr. Chetan S. Damre a/w. Omkar S. Banbe, Advocate for Respondent
                           No.1.
                           Mr. S.S. Pednekar, APP for Respondent No.2 -State.
                           _________________________________________________________________

                                                               CORAM      :   SHIVKUMAR DIGE, J.
                                                               DATE       :   7th OCTOBER, 2026.
                           P.C. :
                           1.         Heard learned counsel for the Applicant,Respondent No.1 and

                           learned APP for Respondent No.2-State.

                           2.         Learned counsel for the Applicant submits that the Applicant

                                                            Page 1 of 2
                                                           16-REVN-156-2022 (CR).doc


Tikam


        has paid the entire cheque amount and he will pay more amount of

        Rs.50,000/- to the Respondent and he seeks three weeks' time to give the

        amount.

        3.        Learned counsel for the Respondent, on instructions from the

        Respondent, who is present in the Court, consented for acceptance of

        Rs.50,000/-.

        4.        Stand over to 30/10/2026.

        ***

        INTERIM APPLICATION NO. 1206 OF 2022 IN REVISION APPLICATION

        NO. 156 OF 2022. With INTERIM APPLICATION NO. 2956 OF 2022 IN

        REVISION APPLICATION NO. 156 OF 2022

        1.             In Interim Application No. 1206 of 2022, the Applicant's

        sentence is already suspended and Applicant is on bail. Hence, this

        Application has become infructuous and accordingly disposed of.

        2.        In Interim Application No. 2956 of 2022, the Applicant has

        already been permitted to withdraw an amount of Rs.1,40,000/- along

        with interest accrued thereon deposited before Trial Court vide Order

        dated 11/11/2026 [Coram: Amit Borkar, J.]. Hence this Application has

        wrongly placed on board along with Revision Application.



                                                      (SHIVKUMAR DIGE, J.)


                                        Page 2 of 2


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