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
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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.)
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