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Bombay High Court

KIMAYA WELLNESS LTDversusShree Siddhivinayak Developers

Decided
Disposal
Disposed Off

Holding

The court may permit withdrawal of the amount deposited before it provided the applicant gives an undertaking to redeposit if required.

Summary

Kimaya Wellness Ltd filed an interim application seeking to withdraw Rs.15,00,000 deposited before the High Court of Bombay in pending criminal revision matters. The respondents opposed the withdrawal, insisting that the applicant provide an undertaking to redeposit the amount if required. After hearing both sides, the court considered the submissions and the purpose of the deposit. The judge allowed the application, permitting the withdrawal of the amount subject to an undertaking by the applicant to redeposit the sum upon the court’s direction. The order disposed of the application on these terms.

Issues considered

  • Whether the applicant is entitled to withdraw the amount deposited before the court
  • Whether an undertaking to redeposit the amount is a necessary condition for withdrawal

Subjects

  • interim application
  • withdrawal of court deposited amount
  • undertaking
  • criminal revision
  • court order

Judgment

                                                                                 903-IA-1410-2026.docx



                             N.S.Kamble


                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                          INTERIM APPLICATION NO. 1410 OF 2026
                                                          IN
                                      CRIMINAL REVISION APPLICATION NO.221 OF 2025

                                                     Kimaya Wellness Ltd
NILAM
          Digitally signed
          by NILAM
                                                           VERSUS
          SANTOSH
SANTOSH   KAMBLE
                                                Shree Siddhivinayak Developers
KAMBLE    Date: 2026.04.30
          15:06:48 +0530



                                                         WITH
                                          INTERIM APPLICATION NO. 1417 OF 2026
                                                          IN
                                      CRIMINAL REVISION APPLICATION NO.211 OF 2025

                                                     Kimaya Wellness Ltd
                                                            Versus
                                                Shree Siddhivinayak Developers
                                                  Goradia Tushar Ajitkumar

                                                         WITH
                                          INTERIM APPLICATION NO. 1420 OF 2026
                                                          IN
                                      CRIMINAL REVISION APPLICATION NO.279 OF 2025

                                                     Kimaya Wellness Ltd
                                                            Versus
                                                Shree Siddhivinayak Developers
                                                  Goradia Tushar Ajitkumar

                                                         WITH
                                          INTERIM APPLICATION NO. 1419 OF 2026
                                                          IN
                                      CRIMINAL REVISION APPLICATION NO.219 OF 2025

                                                     Kimaya Wellness Ltd
                                                            Versus
                                                Shree Siddhivinayak Developers
                                                  Goradia Tushar Ajitkumar


                                                          Page 1 of 4
                                                    903-IA-1410-2026.docx



N.S.Kamble


                            WITH
             INTERIM APPLICATION NO. 1415 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.180 OF 2025

                        Kimaya Wellness Ltd
                               Versus
                   Shree Siddhivinayak Developers
                     Goradia Tushar Ajitkumar

                            WITH
             INTERIM APPLICATION NO. 1411 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.278 OF 2025

                        Kimaya Wellness Ltd
                               Versus
                   Shree Siddhivinayak Developers
                     Goradia Tushar Ajitkumar

                            WITH
             INTERIM APPLICATION NO. 1416 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.210 OF 2025

                        Kimaya Wellness Ltd
                                    Versus
                   Shree Siddhivinayak Developers
                     Goradia Tushar Ajitkumar

                            WITH
             INTERIM APPLICATION NO. 1412 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.177 OF 2025

                        Kimaya Wellness Ltd
                               Versus
                   Shree Siddhivinayak Developers
                     Goradia Tushar Ajitkumar

                              WITH

                             Page 2 of 4
                                                           903-IA-1410-2026.docx



N.S.Kamble


             INTERIM APPLICATION NO. 1413 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.178 OF 2025

                         Kimaya Wellness Ltd
                                Versus
                    Shree Siddhivinayak Developers
                      Goradia Tushar Ajitkumar

                            WITH
             INTERIM APPLICATION NO. 1418 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.212 OF 2025

                         Kimaya Wellness Ltd
                                Versus
                    Shree Siddhivinayak Developers
                      Goradia Tushar Ajitkumar

                            WITH
             INTERIM APPLICATION NO. 1414 OF 2026
                             IN
         CRIMINAL REVISION APPLICATION NO.179 OF 2025

                         Kimaya Wellness Ltd
                                     Versus
                    Shree Siddhivinayak Developers
                      Goradia Tushar Ajitkumar

____________________________________________________________
Mr.Neuty Thakkar i/b Mr.Tushar Garadia, for the Applicant in IA/Original
Respondent No.1.
Mr.R.D. Humane, APP for Respondent-State.
Mr.Chandarani Gore a/w Mr.Amit Pradhan i/b Mr.Samir A. Vaidya, for
Respondent No.1.
____________________________________________________________
                              CORAM : SHIVKUMAR DIGE, J.
                              DATE           : 28th APRIL 2026


                               Page 3 of 4
                                                                   903-IA-1410-2026.docx



N.S.Kamble


P.C. :


.            By this Applications, the Applicants is seeking withdrawal of the

amount.      It is contention of learned counsel for the Applicant that

Respondents have deposited Rs.15,00,000/- before this Court, hence, this

Court may permit the Applicant to withdraw the said amount.

2.           The learned counsel for Respondents strongly objected for

allowing the Applications and submitted that if this Court permits the

Applicants to withdraw the amount, an undertaking be taken from the

Applicants to the effect that they will re-deposit the said amount as and

when required.

3.           I have heard both learned counsel.

4.           Considering the submissions of both learned counsel and the

reasons mentioned in the Applications, I pass following order.

                                   ORDER

                   (i) The Applications are allowed.
                   (ii) The    Applicants        are   permitted   to     withdraw
                   Rs.15,00,000/- deposited before this Court with an
                   undertaking that they shall re-deposit the amount, if
                   required.
                   (iii) The Applications stands disposed of in above terms.

                                                  (SHIVKUMAR DIGE, J.)

                                   Page 4 of 4


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