Bombay High Court
PRAKASH MANIK WADHWANIversusTHE CUSTODIAN AND ORS.
- Decided
- Disposal
- DISPOSED OFF
- Bench
- N JAMADAR
Holding
The Court allowed the withdrawal and dismissed the applications as withdrawn.
Summary
The applicants, Prakash Manik Wadhwani and Rakhee Manik Wadhwani, filed miscellaneous applications before the Special Court at Bombay under the Special Court (Trial of Offences Relating to Transactions in Securities) Act, 1992. They later sought the Court's permission to withdraw these applications. The Court directly asked the lead applicant, Mr. Prakash Wadhwani, whether he wished to proceed. He unequivocally stated that he did not wish to prosecute the applications. Consequently, the Court dismissed the applications as withdrawn.
Issues considered
- Whether the Court may permit the applicants to withdraw their miscellaneous applications under the Special Court Act
Subjects
- withdrawal of application
- special court
- securities law
- procedural dismissal
Judgment
5 SPMA-20-25.DOC
IN THE SPECIAL COURT AT BOMBAY
Constituted under the Special Court [Trial of Offences Relating
to Transactions in Securities] Act, 1992
MISCELLANEOUS APPLICATION NO. 20 OF 2025
Prakash Manik Wadhwani & ors. ...Applicants
Versus
The Custodian & ors. …Respondents
WITH
MISCELLANEOUS APPLICATION NO. 21 OF 2025
Rakhee Manik Wadhwani & ors. ...Applicants
Versus
The Custodian & ors. …Respondents
Mr. Vatsala Toprani, (appointed) for the Applicants.
Mr. Prakash Wadhwani, Applicant No. 1 present.
Mr. Siddhant Marathe i/b Shardul Amarchand Mangaldas &
Co., for Apollo Tyres Ltd.
Mr. Gandhar Raikar, Ms. Shilpa Bhate (through VC), Ms. Payal
Mehta, for Custodian.
Mr. Ashwin Mehta, for Notiied party.
CORAM: N. J. JAMADAR, J.
Judge, Special Court
DATED : 19th JUNE 2026
PC:-
1. Heard the learned Counsel for the parties.
2. Ms. Toprani, the learned Counsel for the Applicants, on
instructions of Mr. Prakash Wadhwani – the Applicant No.1 in
SAINATH, PA 1/2
5 SPMA-20-25.DOC
SPMA/20/2025 and Applicant No.2 in SPMA/21/2025, who is
present in Court, seeks leave to withdraw the applications.
3. The Court has inquired with Mr. Prakash Wadhwani as to
whether he wishes to withdraw the applications.
4. Mr. Prakash Wadhwani states that, he does not wish to
prosecute the applications.
5. The Miscellaneous Applications stand dismissed as
withdrawn.
[N. J. JAMADAR, J.]
SAINATH, PA 2/2
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