Bombay High Court
HANUMAN GRAMIN BIGARSHETI SAHAKARI PAT SANSTHA LTD.versusKOLHAPUR JILHA VIJOUTPADAK SAHAKARI SANGH LTD. AND ANR
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the matter proceeds there on its merits.
Summary
Hanuman Gramin Bigarsheti Sahakari Pat Sanstha Ltd filed a criminal appeal but neither the appellant nor its counsel appeared before the Kolhapur Circuit Bench. The respondent's counsel, N. B. Patil, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court with appropriate jurisdiction. The Court accepted this submission and ordered the transfer of the proceedings to the competent Sessions Court. It directed the Registrar to effect the transfer, instructed the Sessions Court to re‑register the case, issue notices, and expedite the matter. Consequently, the appeal was disposed and any interim applications were also dismissed.
Issues considered
- Whether the criminal appeal should be transferred to a Sessions Court having jurisdiction
- Whether the Supreme Court precedent in Celestium Financial v. A. Gnanasekaran applies to the present proceedings
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- criminal appeal
- procedural law
Judgment
7-APEAL-223-2011 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 223 OF 2011
Hanuman Gramin Bigarsheti Sahakari Pat … Appellant
Sanstha Ltd
Versus
Kolhapur Jilha Vijoutpadak Sahakari Sangh … Respondents
Ltd. And Anr
——————
None for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
——————
Coram : ASHWIN D. BHOBE, J.
Date: 17th September 2026.
PER COURT :
1. When this matter is called out, neither the Appellant nor the Advocate
for the Appellant are present in Court either physically or through V. C. mode.
2. Mr. N. B. Patil, 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
the Sessions Court having jurisdiction.
3. In view of the above, the following order is passed :-
Arjun 1
7-APEAL-223-2011 (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. 233 of 2011 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
10:41:02
+0530
Arjun 2
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