Rad Data Communications Private ... vs Icomm Tele Limited And Ors
2025 Latest Caselaw 5199 Bom

Bombay High Court

Rad Data Communications Private ... vs Icomm Tele Limited And Ors on 2 September, 2025

Author: N.R. Borkar

Bench: N.R. Borkar

2025:BHC-AS:36873


                                                                                       17-alp-35-2023.doc


                        IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                              CRIMINAL APPELLATE JURISDICTION

                    APPLICATION FOR LEAVE TO APPEAL NO. 35 OF 2023

             Rad Data Communication Pvt. Ltd.                               ...Appellant

                      V/s.

             ICOMM TELE Ltd. and Ors.                                       ...Respondents

             Mr. Sunil Vyas a/w Adv. Rishika Jain, Adv. Sakshi Verma i/b Fox
             Mandal and Associates LLP, Advocate for the Applicant/Appellant.
             Ms. Dhanlaxmi Iyer, APP for the Respondent/State.
             Mr. Yashpal Thakur a/w Mr. Nimeet Sharma, Mr. Vinit Vaidya & Adv.
             J. Shah i/b MZM Legal LLP, Advocate for the Respondent No.2.


                                                 CORAM      :      N.R. BORKAR, J.

                                                 DATE       :      02.09.2025.

              P.C. :

1. In view of the decision of the Hon'ble Supreme Court in

Celestium Financial vs. Gnanasekaran Etc. 1, the learned counsel

for the applicant/appellant seeks leave to withdraw the present

application/appeal with liberty to file appeal before the Sessions

Court under Section 372 of the Criminal Procedure Code.

2. Leave as sought is granted.

3. The application/appeal is disposed of as withdrawn with

liberty as sought.

1 2025 SCC OnLine SC 1320 Pramod S.Lakare

17-alp-35-2023.doc

4. If the appeal before the Sessions Court is filed within a

period of six weeks from today then the same shall be treated as

filed within limitation.

5. The registry shall return the certified copy of the

impugned judgment and order if the request is made to that

effect.

[N.R.BORKAR, J.]

Pramod S.Lakare