Bombay High Court
KBR Hospitality Pvt LtdversusAadyaa Foods
- Decided
- Disposal
- Disposed Off
Holding
The Court permitted the Applicant to deposit 20% of the cheque amount and enjoined the Respondent from withdrawing that amount pending the appeal.
Summary
In a criminal revision application, Kbr Hospitality Pvt Ltd (Applicant) sought permission to deposit 20% of a cheque amount with the Appellate Court while requesting that the Respondent, Aadyaa Foods, be restrained from withdrawing that amount pending the appeal. The Applicant argued that it had already repaid a substantial sum to the Respondent. The Court, after hearing counsel, allowed the Applicant to deposit the 20% within two weeks and ordered that the Respondent not withdraw the deposited amount. The application was disposed, the non-bailable warrant (NBW) against the Applicant was cancelled, and the Applicant was directed to appear before the Appellate Court for further hearing.
Issues considered
- Whether the Applicant may be allowed to deposit a portion of the disputed cheque amount with the Appellate Court pending the appeal
- Whether the Respondent should be restrained from withdrawing the deposited amount
Subjects
- criminal revision
- deposit of cheque amount
- stay order
- non-bailable warrant cancellation
- appellate court directions
Judgment
57-REVN-407-2026 (CR).doc
N.S.Kamble
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION
CRIMINAL REVISION APPLICATION NO. 407 OF 2026
Kbr Hospitality Pvt Ltd ...Applicant
VERSUS
Aadyaa Foods ...Respondent
____________________________________________________________
Mr.Jash J. Dalia a/w Ms.Sumangala Yadav, for the Applicant.
NILAM
Digitally signed
by NILAM
SANTOSH
Mr.Omkar Khaiyam Shaikh a/w Mr.Khan Ziman, Mr.Shahzad Ansari and
SANTOSH
KAMBLE
KAMBLE
Date: 2026.08.25
12:12:36 +0530
Mr.Manohar Shelar, for Respondent No.1.
Ms.R.D. Humane, APP for Respondent-State.
____________________________________________________________
CORAM : SHIVKUMAR DIGE, J.
DATE : 24th AUGUST 2026
P.C. :
. Heard learned counsel for the Applicant and learned counsel for
the Respondent.
2. The learned counsel for the Applicant, on instructions, submit
that the Applicant will deposit 20% amount as directed by the Appellate
Court before the Appellate Court but direction be given to the Respondent
not to withdraw the said amount till decision of the Appeal, as the Applicant
has repaid substantial amount to the Respondent.
3. Considering the submission of the learned counsel for the
Applicant, the Applicant is permitted to deposit 20% of the cheque amount
within two weeks before the Appellate Court, after receipt of this order.
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57-REVN-407-2026 (CR).doc
N.S.Kamble
4. The Respondent shall not withdraw 20% amount as deposited by
the Applicant.
5. Accordingly, Application is disposed of.
6. NBW issued against the Applicant is cancelled.
7. The Applicant shall appear before the Appellate Court for
hearing.
(SHIVKUMAR DIGE, J.)
Page 2 of 2
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