Created by Fuzzy Cloud

Bombay High Court

MANOHAR HIRALAL MALUversusMILIND SHRIDHAR JADHAV AND ANR

Disposal
Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

Manohar Hiralal Malu appealed against Milind Shridhar Jadhav and others, seeking relief in the Bombay High Court. The appellant’s counsel, citing the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025), argued that the matter should be heard by a Sessions Court with appropriate jurisdiction. The Court examined the precedent and concluded that the High Court lacked jurisdiction to continue the proceedings. Accordingly, it ordered the transfer of the pending criminal appeals (Nos. 551 and 552 of 2013) to the competent Sessions Court, directing the registrar to effect the transfer and urging expedited disposal. The appeals and any interim applications were thereafter disposed of.

Issues considered

  • Whether the Bombay High Court has jurisdiction to try the criminal appeals in question
  • Whether the proceedings should be transferred to a Sessions Court under the precedent set by Celestium Financial v. A. Gnanasekaran

Subjects

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

Judgment

                                                     26-APEAL-551-2013 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 551 OF 2013

Manohar Hiralal Malu                                … Appellant
                     Versus
Milind Shridhar Jadhav And Anr.                     … Respondents
                                     WITH
                     CR. APPEAL NO. 552 OF 2013
Manohar Hiralal Malu                         … Appellant
                     Versus
Milind Shridhar Jadhav And Anr.                     … Respondents
                                ——————
Mr. Kaustubh Rayrikar i/b Manoj A. Patil, 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. Kaustubh Rayrikar, 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.


Arjun                                1
                                                                          26-APEAL-551-2013 (CR).docx


                 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. 551 of 2013 and 552 of 2013 are disposed of.

                 5.      Interim Applications, if any, are also disposed of.




        Digitally                                                       [ ASHWIN D. BHOBE, J. ]
        signed by
        ARJUN
ARJUN   KRISHNA
KRISHNA RODGE
RODGE   Date:
        2026.09.21
        11:24:15
        +0530




                 Arjun                                  2


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

For a signed copy suitable for filing, refer to the court's website.