HOUSING DEVELOPMENT FINANCE CORPORATION LIMITED (HDFC) v. THE STATE OF MAHARASHTRA AND ORS
APL/30/2013 · 2025-11-13
Neela Kedar Gokhale
body2025
DailyLaw.ai
[ 2025 DAILYLAW 78247 (BOM) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 78247 (BOM) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
Shivgan 905-Cri. Apln-27-2013.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRIMINAL APPLICATION NO.27 OF 2013 Susir Kumar M. …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.28 OF 2013 Deepak M. Satwalekar …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.29 OF 2013 S.N. Shroff …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.30 OF 2013 Housing Development Finance Corporation Limited (HDFC) …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.31 OF 2013 Girish V. Koliyote …Applicant Versus State of Maharashtra & Ors. …Respondents WITH 13th November 2025
Shivgan 905-Cri. Apln-27-2013.doc CRIMINAL APPLICATION NO.32 OF 2013 Keki M. Mistry …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.33 OF 2013 V.N. Rao …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.34 OF 2013 S. Venkitaramanan …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.35 OF 2013 Ram S. Tarneja …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.36 OF 2013 Shirish B. Patel …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.37 OF 2013 D.M. Sukthankar …Applicant Versus State of Maharashtra & Ors. …Respondents 13th November 2025
Shivgan 905-Cri. Apln-27-2013.doc WITH CRIMINAL APPLICATION NO.38 OF 2013 S. A. Dave …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.39 OF 2013 Bansi S. Mehta …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.40 OF 2013 Keshub Mahindra …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.41 OF 2013 Deepak S. Parekh …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.42 OF 2013 Renu Sud Karnad …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.43 OF 2013 D.N. Ghosh …Applicant Versus State of Maharashtra & Ors. …Respondents 13th November 2025
Shivgan 905-Cri. Apln-27-2013.doc WITH CRIMINAL APPLICATION NO.44 OF 2013 R.V.S. Rao …Applicant Versus State of Maharashtra & Ors. …Respondents WITH CRIMINAL APPLICATION NO.45 OF 2013 Naswser M Munjee …Applicant Versus State of Maharashtra & Ors. …Respondents Mr. Aayesh Gandhi, with Mr. Gaurang Samel, i/b Wadia Ghandy & Co., for the Applicants. Ms Poonam P Bhosale, APP for the State-Respondent. Mr. Bahraiz Irani, for the Respondent Nos.3A to 3D. Mr.
Dinesh Palav, PSI attached to Marine Drive Police Station, present. CORAM DR. NEELA GOKHALE, J. DATED:
13TH NOVEMBER 2025 PC:-
1. Criminal Application Nos. 27 to 45 of 2013 except Criminal Application No.30 of 2013 are not on board. Same are taken on Board since the issue involved in the Criminal Application Nos. 27 of 2013 to Criminal Application No. 29 of 2013 and Criminal Application Nos.31 of 2013 to Criminal 13th November 2025
Shivgan 905-Cri. Apln-27-2013.doc Application No. 45 of 2013 is identical to Criminal Application No.30 of 2013, which is on board today. 2. Both the counsel, i.e., the counsel for the Applicants in all the Criminal Applications as well as learned counsel appearing for the Respondents, including the newly added Respondents, as amended today, are present before the Court. They have tendered an order dated 3rd May 2023 passed by this Court in Criminal Appeal No.248 of 2015 and an order dated 12th June 2023 passed in CA 254/2023 (New CA) in CP/2529(MB)2018 passed by the National Company Law Tribunal, Court-I, Mumbai Bench. 3. It is also submitted that the parties have settled the matter by executing Settlement Agreement dated 20th September 2022. The same is also placed on record. The said Agreement is signed by all the parties, i.e, even by the legal heirs of the Respondent No.3, herein. Orders placed on record, as filed, also indicate that the matter has been settled between the parties. The Settlement Agreement is accepted by 13th November 2025
Shivgan 905-Cri. Apln-27-2013.doc the Court and is taken to be an undertaking given to the Court. 4.
In view of the said orders as well as joint statement made by both the parties, today, nothing survives in the Criminal Applications and as such, the Criminal Case No.86/SW/2010 in Criminal Case No.1264/S/2003 and Old Case No.26/S/2001, pending before the learned Additional Chief Metropolitan Magistrate, 8th Court, Esplanade, Mumbai is quashed and set aside. 5. Criminal Applications are allowed and disposed of, accordingly. 6. In view of the disposal of the Criminal Applications, nothing survives for consideration in Interim Applications, filed, if any, and the same are also disposed of. (DR. NEELA GOKHALE, J) 13th November 2025 SHAMBHAVI NILESH SHIVGAN Digitally signed by SHAMBHAVI NILESH SHIVGAN Date: 2025.11.14 18:18:43 +0530