Dipan Vasantkumar Yagnik v. A J Enterprises

k 1/2 29 ia 1823.25 in alpst as cri.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO.1823 OF 2025 IN APPLICATION FOR LEAVE TO APPEAL (PVT.) (STAMP) NO.9965 OF 2025 Dipan Vasantkumar Yagnik ....Applicant V/S A.J. Enterprises ....Respondent WITH APPLICATION FOR LEAVE TO APPEAL (PVT.) (STAMP) NO.9965 OF 2025 Dipan Vasantkumar Yagnik ....Applicant V/S A.J. Enterprises ....Respondent _________ Mr. Nimesh R. Mehta for the Applicant.

Ms. Ranjana D. Humane, APP for Respondent/State. __________ CORAM : SANDEEP V. MARNE, J.

DATE : 27 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 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Reserving the liberty as prayed for, the Application and Appeal are permitted to be withdrawn and disposed of.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 katkam Page No.

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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 to return certified copy of the impugned order to the learned counsel appearing for the Applicant.

(SANDEEP V. MARNE, J.) Digitally signed by SUDARSHAN RAJALINGAM KATKAM Date:

2025.11.28 12:01:17 +0530 SUDARSHAN RAJALINGAM KATKAM katkam Page No.

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