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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


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