Murarilal Bhagwatswaroop Agarwal Substituted By Sunil Murarilal Agarwal v. Ms Om Sai Automobiles

2025:BHC-AS:52319 Megha 10_ALP_57_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT) NO. 57 OF 2025 Murarilal Bhagwatswaroop Agarwal substituted by Sunil Murarilal Agarwal ...Applicant V/s.

MS Om Sai Automobiles

...Respondent

______________ Mr. Ravi R. Agarwal for the Applicant.

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

DATED: 1 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vs. A. Gnanasekaran Etc.1 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 2025 SCC OnLine SC 1320 Page No.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 1 December 2025

Megha 10_ALP_57_2025.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: 02/12/2025 10:43:12 Page No.

2 of 1 December 2025