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Bombay High Court

MOHAN DEVIDAS KAMATversusPANDURANG KESHAV JOSHI AND ANR

Disposal
Disposed Off

Holding

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

Summary

The appellant, Mohan Devidas Kamat, appealed against the respondents, Pandurang Keshav Joshi and another, seeking relief. Both parties cited the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the criminal proceedings should be before a Sessions Court with proper jurisdiction. The High Court, after hearing counsel, agreed that the case ought to be transferred to the appropriate Sessions Court. The court ordered the transfer, directed the registrar to effect it, and instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. 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 as per the Supreme Court precedent.

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • sessions court
  • procedural law
  • jurisdictional transfer

Judgment

                                                       23-APEAL-183-2013 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 183 OF 2013

Mohan Devidas Kamat                                   … Appellant
                      Versus
Pandurang Keshav Joshi And Anr.                       … Respondents


                                ——————
Mr. Vaibhav Kupawade i/b Tejpal Ingale, 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 Mr. Vaibhav Kupawade, 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
                                                                                   23-APEAL-183-2013 (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. 183 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
          11:20:02
          +0530




                       Arjun                                  2


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