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Bombay High CourtALP/227/2025disposed off

M/S Miss Pooja Siddheshwar Chavan And Mr Prasad Siddheshwar Chavan Thr Its Authorize Person Mrprasad v. M/S Sixth Sense Developers

2025-09-22Hon'Ble Shri Justice Sandeep V. Marne2 pages

2025:BHC-AS:39931 Megha 46_ALP_227_25.docx

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT) NO.227 OF 2025 Miss Pooja Siddheshwar Chavan and Anr.

...Applicant V/s.

M/s. Sixth Sense Developers

...Respondent

______________ Mr. Pranav Nair (through VC) with Mrs. Madhuri Gamre, Ms. Kiran Yadav i/b. M/s. Pritesh Burad Associates for the Applicants. Mr. Vinit A. Kulkarni, APP for Respondent-State. ______________ CORAM: SANDEEP V. MARNE, J.

DATED: 22 SEPTEMBER 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 A. Gnanasekaran Etc.1 2) Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of. 2025 SCC OnLine SC 1320 Page No.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 22 September 2025

Megha 46_ALP_227_25.docx 3) If Appeal is filed before the Sessions Court within a period of four weeks, the Appellant/Applicant shall be entitled to the benefit of Section 14 of the Limitation Act, 1963.

[SANDEEP V. MARNE, J.] Signed by: Megha S. Parab Designation: PA To Honourable Judge Date: 23/09/2025 15:08:11 Page No.

2 of 22 September 2025