87-IA-3032-2026 (CR).doc Tikam IN THE HIGH COURT OF JUDICATURE AT BOMBAY CRIMINAL APPELLATE JURISDICTION CRI-INTERIM APPLICATION NO. 3032 OF 2026 IN APEAL/417/2018 Deepak Vishanji Mota And Anr ...Applicant/s VERSUS State Of Maharashtra And Anr ...Respondent/s WITH CRI-INTERIM APPLICATION NO. 3033 OF 2026 IN APEAL/417/2018 Deepak Vishanji Mota And Anr ...Applicant/s VERSUS The State Of Maharashtra And Anr ...Respondent/s _________________________________________________________________ Mr. Anant Kadge a/w. Mr. Rakesh Sawant i/by Arhat Legal, Advocates for the Applicant. Mr. B.B. Kulkarni, APP for Respondent-State. Mr. Yogesh Israni, Advocate for Respondent No.2. _________________________________________________________________ CORAM : SHIVKUMAR DIGE, J. DATE : 1st OCTOBER 2026. P.C. : 1. Heard learned counsel for the Applicant, learned APP and learned counsel for Respondent No.2. 2. By this application, the Applicant is seeking to recall the order dated 17/02/2026 passed in Criminal appeal No. 417 of 2018 passed by this Court and restore the said Criminal Appeal to the original file. 3. It is contention of learned counsel for the Applicant submits that VAISHALI ANIL TIKAM Digitally signed by VAISHALI ANIL TIKAM Date: 2026.10.06 17:43:12 +0530 87-IA-3032-2026 (CR).doc Tikam this Court has remanded back the matter to the Sessions Court as per the judgment of Celestium Financial vs. A. Gnanasekaran & Etc.1 The Applicant wants to pursue the matter before this Court and requested to allow the application. 4. Learned APP along with learned counsel for Respondent No.2 strongly objected to allow the application on the ground that this Court has passed valid order and requested to reject the application. 5. I have heard all learned counsel. This Court has directed the Applicant to file appeal before the Sessions Court as per the view of the Hon'ble Apex Court in the case of Celestium Financial (supra.). The Applicant wishes to pursue the matter before this Court. Considering the submissions of learned counsel for the Applicant, I pass following order: ORDER (i) Interim Application No. 3032 of 2026 is allowed. (ii) The order dated 17/02/2026 passed in Criminal Appeal No. 417 of 2018 is recalled. and Criminal Appeal is restored to file. (iii) Interim Application is disposed of. (iv) After restoring the appeal, matter be placed before appropriate bench. (SHIVKUMAR DIGE, J.) 1 (2005) SC 2009