Bombay High Court
SAMRUDDHI VALUE MARKETING LTDversusDESHMUKH SAMRUDDHI SERVICES AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, entertained Criminal Appeal No. 1013 of 2013 filed by Samruddhi Value Marketing Ltd against Deshmukh Samruddhi Services and others. The appellant and the State counsel relied on the Supreme Court’s decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court having appropriate jurisdiction. The 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 re‑register, issue notice and expedite the case. The transferred proceedings are to be dealt with on their merits in accordance with law. Consequently, the appeal and any interim applications were disposed of.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural order
Judgment
28-APEAL-1013-2013 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1013 OF 2013
Samruddhi Value Marketing Ltd … Appellant
Versus
Deshmukh Samruddhi Services And Anr. … Respondents
——————
Ms. Twinkal Kotawadekar a/w Shreyas Karajgar, Abhijit P. i/b Amit Sale, Advocate for the
Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. Heard Ms. Twinkal Kotawadekar, learned Advocate for the Appellant
and Mr. C. D. Mali, learned APP for the Respondent – State.
2. Learned Advocates for the parties, 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, submit that these
proceedings would now lay before the Sessions Court having jurisdiction.
They therefore request that these proceedings be transferred to the Sessions
Court having jurisdiction.
3. In view of the above, the following order is passed :-
Arjun 1
28-APEAL-1013-2013 (CR).docx
(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. 1013 of 2013 is disposed of.
5. Interim Application, if any, is also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:28:03
+0530
Arjun 2
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