Kimaya Wellness Ltd v. Shree Siddhivinayak Developers

903-IA-1380-2026 (CR).doc Shubhada S. Kadam

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

CRIMINAL APPELLATE JURISDICTION INTERIM APPLICATION NO. 1380 OF 2026 IN REVISION APPLICATION NO. 199 OF 2025 Kimaya Wellness Ltd versus Shree Siddhivinayak Developers and anr.

_________________________________________________________________ Advocate-Neuty Thakkar along with Mr. Karan Aiya i/b. Mr. Tushar Goradia, Advocate for Applicant-Kimaya Wellness Ltd. Ms. Ranjana D. Humane, APP for Respondent-State. _________________________________________________________________

CORAM

: SHIVKUMAR DIGE, J.

DATE : 23rd APRIL, 2026.

P.C. :

1.

By this application, the applicant is seeking withdrawal of the amount. It is contention of learned counsel for the applicant that respondents have deposited Rs.15,00,000/- before the Trial Court, hence, this Court may permit the applicant to withdraw the said amount. 2.

Learned counsel for respondents strongly objected for allowing the application and submitted that if this Court permits the applicant to withdraw the amount, an undertaking be taken from the applicant to the effect that he will re-deposit the said amount as and when required. 3.

I have heard both learned counsel.

Digitally signed by SHUBHADA SHANKAR KADAM Date:

2026.04.24 15:31:32 +0530 SHUBHADA SHANKAR KADAM

903-IA-1380-2026 (CR).doc Shubhada S. Kadam 4.

Considering the submissions of both learned counsel and the reasons mentioned in the application, I pass following order :

O R D E R

1.

The application is allowed.

2.

The applicant is permitted to withdraw Rs.15,00,000/- deposited before this Court with an undertaking that he shall re-deposit the amount, if required.

The application stands disposed of in above terms. (SHIVKUMAR DIGE, J.)