2-ALP-404-2017 (CR).DOC Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL(PVT.) NO. 404 OF 2017 Hemant Tyre House Through Prop. Hemant Pandurang Bhosale ...Applicant Versus Nilesh Vinay Pawaskar And Anr ...Respondents ------- Adv. Paras Yadav, Advocate for the Applicant. Adv. A. V. Pawaskar, Advocate for Respondent No.1. Mr. Nitin B. Patil, APP, for the Respondent – State. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 1st DECEMBER, 2025 P.C. 1. Heard learned counsel for Applicant, learned counsel for Respondent No. 1 and learned APP for the Respondent No.2-State. 2. Learned counsel for Applicant on instructions seeks leave to withdraw this Application with liberty to file an Appeal before the learned Sessions Court as per the view of the Hon’ble Apex Court in the case Celestium Financial Vs. Ghanasekaran Etc1. 3. Considering the submission of learned counsel for Applicant, Application is allowed to be withdrawn with aforesaid liberty. 4. Application is dismissed and disposed of as withdrawn. 5. Learned Sessions Court shall consider the delay, if Appeal is filed as Application was pending before this Court. (SHIVKUMAR DIGE, J.) 1 2005 SC 2099 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.12.04 10:10:43 +0530