Bombay High Court
THE GODAVARI SUGAR MILLS LTDversusSURESH BABURAO BIRANJE AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the High Court disposes of the appeal.
Summary
The High Court of Bombay, Circuit Bench at Kolhapur, heard Criminal Appeal No. 1532 of 2011 filed by Godavari Sugar Mills Ltd against Suresh Baburao Biranje and others. The appellant was not present, while the respondents’ counsel relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The Court agreed, ordering the transfer of the proceedings to the competent Sessions Court, directing the registrar to effect the transfer, and instructing the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were subsequently disposed of.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeal or the proceedings should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- high court
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
906-APEAL-1532-2011 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:14 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 1532 OF 2011
The Godavari Sugar Mills Ltd : Appellant
VERSUS
Suresh Baburao Biranje And Anr. : Respondents
__________________________________________________________
None for the Appellant
Mr. Nakul V Shukla i/by Adv. Jayant J Bardeskar for Respondent
No.1.
Mr. Nitin B Patil,APP for the Respondent – State.
__________________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 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, submit
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.
3. In view of the above, the following order is passed :-
1
906-APEAL-1532-2011 (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.1532 of 2011 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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