Bombay High Court
SHRIRAM GENERAL STORESversusROYAL UMBRELLA MART AND ORS
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction, and the criminal appeals are disposed of.
Summary
Shriram General Stores filed criminal appeals (Nos. 397 and 398 of 2011) before the Bombay High Court, Circuit Bench, Kolhapur, against Royal Umbrella Centre and Royal Umbrella Mart respectively. Neither the appellant nor the appellant's counsel appeared before the court. The State, through counsel N. B. Patil, relied on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matters should be heard by a Sessions Court having jurisdiction. The High Court agreed, ordering the transfer of the pending proceedings to the appropriate Sessions Court and directing it to re‑register the case, issue notices, and expedite disposal. The High Court also disposed of both criminal appeals and any interim applications. The order was signed by Justice Ashwin D. Bobe on 17 September 2026.
Issues considered
- Whether the High Court has jurisdiction to continue the criminal appeals or they should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- sessions court
- high court
- criminal appeal
- procedural order
Judgment
10-APEAL-397-2011 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 397 OF 2011
Shriram General Stores …Appellant
Versus
Royal Umbrella Centre And Ors. … Respondents
WITH
CR. APPEAL NO. 398 OF 2011
Shriram General Stores … Appellant
Versus
Royal Umbrella Mart And Ors. … Respondents
——————
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 these matters were called out, neither the Appellant nor the
Advocate for the Appellant were present 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
Arjun 1
10-APEAL-397-2011 (CR).docx
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 :-
(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. 397 of 2011 and 398 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 Arjun 2
RODGE Date:
2026.09.21
10:54:27
+0530
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