Ess Aar Packaging Through Its Partner Dilip Sumatilal Shah v. First Paper Idea India Pvt Ltd

2025:BHC-AS:51435 Megha 13_alp_122_2025.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT) NO.122 OF 2025 ESS AAR Packaging through partner Dilip Sumatilal Shah ...Applicant V/s.

First Paper Idea India Pvt. Ltd.

...Respondent

______________ Mr. Devendra Tiwari i/b. M/s. Law Chamber of Mr. Siddharth Murarka for the Applicant.

Ms. Ranjana Humane, APP for Respondent -State. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 26 NOVEMBER 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 Bhartiya Nagrik Suraksha Sanhita, 2023 before the Sessions Court in view of judgment of the Apex Court in Celestium Financial Versus. A. Gnanasekaran Etc.1. 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 2025 SCC OnLine SC 1320 Page No.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 26 November 2025

Megha 13_alp_122_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 original certified copy of the impugned order to the Applicant.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 27/11/2025 12:21:18 Page No.

2 of 26 November 2025