Ms Shriram Samarth Builders And Developers Through Its Proprietor Shri Prashant Kashinath Dongre v. Ms Gagangiri Homes Through Its Proprietor Hareshwar Kathod Koli
2025:BHC-AS:53212 Megha 25_alp_163,168,169 &172_2024.docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT) NO.163 OF 2024 MS Shri Ram Samarth Builders and Developers through its proprietor Shri Prashant Kashinath Dongre ...Applicant V/s.
MS Gagangiri Homes Trhough its proprietor Hareshwar Kathod Koli and Ors.
...Respondents
WITH APPLICATION FOR LEAVE TO APPEAL (PVT) NO.168 OF 2024 MS Shri Ram Samarth Builders and Developers through its proprietor Shri Prashant Kashinath Dongre ...Applicant V/s.
MS Gagangiri Homes Trhough its proprietor Hareshwar Kathod Koli and Ors.
...Respondents
WITH APPLICATION FOR LEAVE TO APPEAL (PVT) NO.169 OF 2024 MS Shri Ram Samarth Builders and Developers through its proprietor Shri Prashant Kashinath Dongre ...Applicant V/s.
MS Gagangiri Homes Trhough its proprietor Hareshwar Kathod Koli and Ors.
...Respondents
1 of
Megha 25_alp_163,168,169 &172_2024.docx WITH APPLICATION FOR LEAVE TO APPEAL (PVT) NO.172 OF 2024 MS Shri Ram Samarth Builders and Developers through its proprietor Shri Prashant Kashinath Dongre ...Applicant V/s.
MS Gagangiri Homes Trhough its proprietor Hareshwar Kathod Koli and Ors.
...Respondents
______________ Mr. Rajesh s. Datar for the Applicant.
Mr. Vinit Kulkarni, APP for Respondent No.1-State in ALP/2097/2023 Ms. Ranjana Humane, APP for Respondent No.1-State in ALP/2098/2023, ALP/163/2024, ALP/168/2024, ALP/169/2024, ALP/172/2024 ______________ CORAM: SANDEEP V. MARNE, J.
DATED: 4 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 2025 SCC OnLine SC 1320 2 of
Megha 25_alp_163,168,169 &172_2024.docx 2) Reserving the liberty as prayed for, the Applications and Appeals are permitted to be withdrawn and disposed of. 3) If Appeal is filed before the Sessions Court within a period of eight weeks, the Appellant/Applicant shall be entitled to the benefit of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: 05/12/2025 13:09:35 3 of