Bombay High Court

MAYAKKA CONSTRUCTIONversusDILIP TANAJI SHIRTODE AND ANR.

Disposal: Disposed Off

Holding

The proceedings are ordered to be transferred to the Sessions Court having jurisdiction.

Summary

The Bombay High Court, Kolhapur Circuit Bench, entertained an application by the applicant, Mayakka Construction, to transfer pending criminal proceedings to a Sessions Court having jurisdiction, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran. The court examined the precedent and agreed that the matter should be heard by the appropriate Sessions Court. Accordingly, the court ordered the transfer, directed the registrar to effect the transfer, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the proceedings. The appeal and any interim applications were disposed of. The order emphasizes cooperation of parties for early disposal.

Issues considered

Whether the pending criminal proceedings should be transferred to a Sessions Court having jurisdiction in view of the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran.

Subjects

transfer of jurisdiction
criminal appeal
sessions court
procedural law
preliminary order

Judgment

951-APEAL-1160-2008.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1160 OF 2008
Mayakka Construction … Applicant
Versus
Dilip Tanaji Shirtode And Anr. ...Respondents
__________________________________________________________
Mr. Mahindra Deshmukh for the Applicant.
Mr. S. H. Yadav, APP for the Respondent – State.
__________________________________________________________

CORAM : ASHWIN D. BHOBE, J.
DATE : 28th August, 2026.
P.C. :

1. Heard learned Advocate for the Applicant and 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 :-

(i) The present proceedings be transferred to the Sessions Court,
having jurisdiction;

Arjun 1
951-APEAL-1160-2008.doc

(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.1160 of 2008 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:
2026.09.01
11:20:07
+0530

Arjun 2

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