M/S Uttan Machimar And Vahatuk Sahakari Society Ltd v. Mr. Munir A. Shaikh And ANR

2025:BHC-AS:55112 Megha 18_ALP_216_2024.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT) NO.216 OF 2024 M/s. Uttan Machimar and Vahatuk Sahakari Society Ltd.

...Applicant V/s.

Munir A. Shaikh and Anr.

...Respondents

______________ Ms. Sarika Agarwal i/b. Mr. Jaideep Thakkar and Ms. Krupali Rajani for the Applicant.

Mr. Vinit A. Kulkarni, APP for Respondent-State. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 15 DECEMBER 2025.

P.C.:

1) The learned counsel appearing for the Applicant/Appellant, on instructions, seeks leave of the Court to withdraw the Application and the Appeal with liberty to file Appeal under the Proviso to Section 372 of the Criminal Procedure Code, 1973/Section 413 of Bharatiya Nagarik Suraksha Sanhita, 2023 before the Sessions Court in view of judgment of the Apex Court in Celestium Financial vs. A. Gnanasekaran Etc.1 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 2025 SCC OnLine SC 1320 Page No.

1 of 15 December 2025

Megha 18_ALP_216_2024.docx 3) If Appeal is filed before the Sessions Court within a period of eight weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

4) Registry shall return the certified copy of the impugned order to the Applicant.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 16/12/2025 11:03:18 Page No.

2 of 15 December 2025