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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.



                                                                 Page 1 of 2
                                                              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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