Bombay High Court
LAXMI AUTO SERVICES PRIVATE LIMITEDversusSATISH RAVINDRA LAVATE 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, heard Criminal Appeals Nos. 1540 and 1541 of 2011 filed by Laxmi Auto Services Private Limited against Satish Ravindra Lavate and others. Neither the appellant nor the appellant's counsel appeared, while the State was represented by Mr. C. D. Mali. Relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), the counsel argued that the matters should be before a Sessions Court having jurisdiction. The Court agreed and ordered the transfer of the proceedings to the appropriate Sessions Court, directing the registrar to effect the transfer and the Sessions Court to re‑register, issue notices, and expedite the case. Consequently, both criminal appeals 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
- sessions court
- criminal appeal
- procedural law
Judgment
16-APEAL-1540-2011 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 1540 OF 2011
Laxmi Auto Services Private Limited … Appellant
Versus
Satish Ravindra Lavate And Anr. … Respondents
WITH
CR. APPEAL NO. 1541 OF 2011
Laxmi Auto Services Private Limited … Appellant
Versus
Satish Ravindra Lavate And Anr. … Respondents
——————
None for the Appellant.
Mr. C. D. Mali, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. When these matters were called out, neither the Appellant nor the
Advocate for the Appellant were present in Court either physically or through
V. C. mode.
2. Mr. C. D. Mali, 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. He therefore submits that these proceedings be transferred to
Arjun 1
16-APEAL-1540-2011 (CR).docx
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;
(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 Nos. 1540 of 2011 and 1541 of 2011 are disposed of.
5. Interim Applications, if any, are also disposed of.
[ ASHWIN D. BHOBE, J. ]
Digitally
signed by
ARJUN
ARJUN KRISHNA
KRISHNA RODGE
RODGE Date:
2026.09.21
11:07:28
+0530 Arjun 2
Checking your session…