502-APL-358-2018 speaking.docx Harish IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIRCUIT BENCH AT KOLHAPUR CRIMINAL APPELLATE JURISDICTION APPLICATION FOR LEAVE TO APPEAL (PVT)(ALP) NO.358 OF 2018 Thote Milk Pvt. Ltd. ...Applicant Versus Ashok Tatoba Magdum And Anr. ...Respondents ------ Mr. Rahul Hande a/w Machindra Swant Advocate for the Applicant Mr. Pratik Patil i/b Kuldeep Nikam Advocate for Respondent No.1. Mr. A. S. Shalgaonkar, APP for the Respondent-State. ------- CORAM : SHIVKUMAR DIGE, J. DATE : 7th NOVEMBER 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 appeal before the learned Sessions Court as per the view of the Hon’ble Apex Court in the case Celestium Financial Vs. Ghanasekaran Etc1. 1 2005 SC 2099 1/2 This order is corrected pursuant to speaking to minutes order dated 24th December, 2025 HARISH VITHAL CHAUDHARI Digitally signed by HARISH VITHAL CHAUDHARI Date: 2025.12.26 11:12:13 +0530 502-APL-358-2018 speaking.docx 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 Considering the submission of learned counsel for Applicant, Application is allowed to be withdrawn with aforesaid liberty. 4. Application is dismissed and disposed of as withdrawn. 5.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.] 2/2 This order is corrected pursuant to speaking to minutes order dated 24th December, 2025