Bombay High Court
WARNA SAHAKARI BANK LTD TRHOUGH AUTHORISED PERSON TRUPTI DASHRATHRAO INGAWALEversusM/S. PARVATI STONE SUPPLIERS THORUGH PROPRIETOR SUMAN SHIVAJIRAO KADAM AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
The appellant, Warna Sahakari Bank Ltd, filed a criminal appeal (No. 1001 of 2014) against M/s. Parvati Stone Suppliers and others. The appellant and its counsel were absent when the matter was called. The respondent's counsel, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the proceedings should be before a Sessions Court with appropriate jurisdiction. The High Court agreed and ordered the transfer of the proceedings to the competent Sessions Court, directing the registrar to effect the transfer and the Sessions Court to expedite the case. The appeal and any interim applications were consequently disposed.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN 12) APEAL-1001.14 (CR).DOCX
CHANDAN Date:
2026.08.24
19:47:27 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1001 OF 2014
Warna Sahakari Bank Ltd
Through Authorized Person
Trupti Dashrathrao Ingawale : Appellant
VERSUS
M/s. Parvati Stone Suppliers
Through Proprietor
Suman Shivajirao Kadam And Anr. : Respondents.
______________________________________________________
None for the Appellant.
Mr. Anand S. Patil for Respondent No.1.
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.
2. Learned Advocate for the Respondent No.1 and learned APP
for the Respondent – State, by referring to the decision of the
Hon’ble Supreme Court in the case of Celestium Financial Vs. A.
Gnanasekaran Etc., reported in 2025 SCC OnLine SC 1320 ,
submits that these proceedings would now lay before the Sessions
Court having jurisdiction. They therefore submits that these
proceedings be transferred to the Sessions Court having
jurisdiction.
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12) APEAL-1001.14 (CR).DOCX
3. In view of the above, the following order is passed :-
(i) The present proceedings be transferred to the Sessions
Court, having jurisdiction;
(ii) The Registrar (Judicial) of this Court to take appropriate
steps for transferring these proceedings to the Sessions
Court, having jurisdiction;
(iii) The Sessions Court, to which these proceedings would be
transferred or assigned, after re-registration of the same,
shall issue notice to the parties to the said proceedings
and thereafter proceed with the matter on its own merits
and in accordance with law.
(iv) Considering the proceedings which are now being
transferred have been pending for some time, the
Sessions Court to which these proceedings would be
assigned is requested to make an endeavour to expedite
the proceedings. Parties shall cooperate in the early
disposal of the proceedings.
4. Criminal Appeal No. 1001 of 2014 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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