Created by Fuzzy Cloud

Bombay High Court

DEEPAK VISHANJI MOTA AND ANRversusSTATE OF MAHARASHTRA AND ANR

Decided
Disposal
Disposed Off

Holding

The High Court allowed the interim application, recalled the order of 17‑02‑2026 and restored the criminal appeal to its file.

Summary

The applicants, Deepak Vishanji Mota and another, filed Interim Application No. 3032 of 2026 seeking to recall the order dated 17‑02‑2026 that had remanded Criminal Appeal No. 417 of 2018 to the Sessions Court. The remand was made in accordance with the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2005) SC 2009. The State of Maharashtra and a second respondent opposed the application, arguing that the appellate court’s order was valid. Justice Shivkumar Dige, after hearing counsel, allowed the interim application, recalled the February order, and restored the criminal appeal to the High Court’s file. The matter was then directed to be placed before the appropriate bench for further hearing.

Issues considered

  • Whether the High Court can recall its own order remanding a criminal appeal to the Sessions Court in view of the precedent set by Celestium Financial v. Gnanasekaran.
  • Whether the restored appeal can be proceeded with before the High Court despite the earlier direction to file the appeal before the Sessions Court.

Subjects

  • interim application
  • recall of order
  • criminal appeal
  • remand
  • appellate jurisdiction
  • restoration of appeal

Judgment

                                                                         87-IA-3032-2026 (CR).doc

            Tikam

                            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  CRIMINAL APPELLATE JURISDICTION

                                 CRI-INTERIM APPLICATION NO. 3032 OF 2026
VAISHALI                                    IN APEAL/417/2018
ANIL
TIKAM
                   Deepak Vishanji Mota And Anr                   ...Applicant/s
Digitally signed
by VAISHALI
                   VERSUS
ANIL TIKAM
Date:
                   State Of Maharashtra And Anr                   ...Respondent/s
2026.10.06
17:43:12 +0530
                                                      WITH

                                 CRI-INTERIM APPLICATION NO. 3033 OF 2026
                                            IN APEAL/417/2018

                   Deepak Vishanji Mota And Anr                   ...Applicant/s
                   VERSUS
                   The State Of Maharashtra And Anr               ...Respondent/s

                   _________________________________________________________________
                   Mr. Anant Kadge a/w. Mr. Rakesh Sawant i/by Arhat Legal, Advocates for
                   the Applicant.
                   Mr. B.B. Kulkarni, APP for Respondent-State.
                   Mr. Yogesh Israni, Advocate for Respondent No.2.
                   _________________________________________________________________

                                                        CORAM       :   SHIVKUMAR DIGE, J.
                                                        DATE        :   1st OCTOBER 2026.
                   P.C. :

                   1.         Heard learned counsel for the Applicant, learned APP and

                   learned counsel for Respondent No.2.

                   2.         By this application, the Applicant is seeking to recall the order

                   dated 17/02/2026 passed in Criminal appeal No. 417 of 2018 passed by

                   this Court and restore the said Criminal Appeal to the original file.

                   3.         It is contention of learned counsel for the Applicant submits that


                                                    Page 1 of 2
                                                              87-IA-3032-2026 (CR).doc

Tikam

    this Court has remanded back the matter to the Sessions Court as per the

    judgment of Celestium Financial vs. A. Gnanasekaran & Etc. 1                  The

    Applicant wants to pursue the matter before this Court and requested to

    allow the application.

    4.             Learned APP along with learned counsel for Respondent No.2

    strongly objected to allow the application on the ground that this Court

    has passed valid order and requested to reject the application.

    5.             I have heard all learned counsel. This Court has directed the

    Applicant to file appeal before the Sessions Court as per the view of the

    Hon'ble Apex Court in the case of           Celestium Financial (supra.).     The

    Applicant wishes to pursue the matter before this Court. Considering the

    submissions of learned counsel for the Applicant, I pass following order:

                                          ORDER

    (i)            Interim Application No. 3032 of 2026 is allowed.

    (ii)           The order dated 17/02/2026 passed in Criminal Appeal No.

                   417 of 2018 is recalled. and Criminal Appeal is restored to file.

    (iii)          Interim Application is disposed of.

    (iv)           After restoring the appeal, matter be placed before appropriate

                   bench.

                                                       (SHIVKUMAR DIGE, J.)



    1     (2005) SC 2009

                                         Page 2 of 2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.