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Bombay High Court

SHREE SUVARNA SAHAKARI BANK LTD.versusVAIBHAV S. KAWADE AND ANR

Decided
Disposal
Disposed Off

Holding

The Court set aside the earlier order, restored Criminal Appeal No.1245 of 2025 to the file, and granted the requested time to pay fees and supply spare copies.

Summary

The High Court considered an interim application filed by Shree Suvarna Sahakari Bank Ltd. seeking relief in Criminal Appeal No.1245 of 2025 against Vaibhav S. Kawade & Anr. The Court set aside its earlier order dated 22 January 2026 and restored the appeal to the file. It granted the appellant two weeks to pay the requisite court fees and to furnish spare copies of the appeal for issuance of notice to Respondent No.1. The Registry was directed to issue the notice, with the appeal returnable on 20 November 2026. The interim application was disposed of in the terms specified, and the appeal was listed along with related appeals on the same date.

Issues considered

  • What procedural steps are required to set aside an earlier interim order and restore a criminal appeal to the file?
  • Whether the appellant should be granted additional time to pay court fees and supply spare copies for notice issuance.

Subjects

  • criminal appeal
  • interim application
  • restoration of appeal
  • court fees
  • notice issuance

Judgment

                                                           1           25-IA 2981-26.doc



                                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                          CRIMINAL APPELLATE JURISDICTION

                                        INTERIM APPLICATION NO.2981 OF 2026
                                                        IN
                                          CRIMINAL APPEAL NO.1245 OF 2025

                      Shree Suvarna Sahakari Bank Ltd.               … Applicant
                            Vs.
                      Vaibhav S. Kawade & Anr.                       … Respondents
                                                         -----
                      Mr. Sarvesh Deshpande i/by Tejesh Dande & Associates for the Applicant.
                      Mr. V. N. Sagare, APP for Respondent No.2-State.
                                                         -----

                                                        CORAM :      N.R. BORKAR, J.
                                                        DATE    :    30TH SEPTEMBER 2026
MUGDHA                P.C. :
MANOJ
PARANJAPE
Digitally signed by
MUGDHA MANOJ          1.       For the reasons stated in the present Interim Application, the order
PARANJAPE
Date: 2026.09.30
18:02:38 +0530
                      dated 22nd January 2026 is hereby called.


                      2.       Criminal Appeal No.1245 of 2025 is restored to file.


                      3.       The Interim Application is disposed of in the aforesaid terms.


                      4.       Learned Counsel for the Applicant/Appellant seeks two weeks time
                      to pay the requisite court fees and supply spare copies of the present
                      Appeal for issuing notice to Respondent No.1. Time as sought is granted.


                      5.       If the spare copies are supplied, the Registry shall issue notice to
                      Respondent No.1, returnable on 20th November 2026.


                           Mugdha                                                               1 of 2
                                  2          25-IA 2981-26.doc




6.       List Criminal Appeal No.1245 of 2025 along with Criminal Appeal
Nos.1244 of 2025 and 1243 of 2025 on 20th November 2026.


                                           (N.R. BORKAR, J.)




     Mugdha                                                         2 of 2


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