Bombay High Court
VILAS BABULAL OSWALversusSUNIL MOHANLAL KOTHARI AND ANR
- Disposal
- Disposed Off
Holding
The proceedings are transferred to the Sessions Court having jurisdiction.
Summary
Vilas Babulal Oswal (appellant) was absent when the matter was called before the Kolhapur Circuit Bench of the Bombay High Court. The State, through Ms. Mahalakshmi Ganapathy, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the criminal proceedings should be before a Sessions Court with appropriate jurisdiction. The Court accepted this submission and ordered that the pending criminal appeal (No. 698 of 2018) and the related criminal application (No. 900 of 2018) be transferred to the competent Sessions Court. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and expedite the matter. Consequently, both the appeal and the application were disposed of pending further proceedings in the Sessions Court.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction
Subjects
- transfer of criminal proceedings
- jurisdiction
- sessions court
- high court order
- procedural disposal
Judgment
Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
937-APEAL-698-2018 -AW- APPA-900.18 (CR).DOCX
CHANDAN Date:
2026.08.24
19:31:27 +0530
lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 698 OF 2018
Vilas Babulal Oswal : Appellant
VERSUS
Sunil Mohanlal Kothari And Anr : Respondents
WITH
CRIMINAL APPLICATION IN APPEAL NO. 900 OF 2018
IN
CRIMINAL APPEAL NO. 698 OF 2018
Vilas Babulal Oswal : Applicant
VERSUS
Sunil Mohanlal Kothari And Anr : Respondents
______________________________________________________
None for the Appellant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 21 AUGUST 2026
PC:-
1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.
2. 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
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937-APEAL-698-2018 -AW- APPA-900.18 (CR).DOCX
Sessions Court having jurisdiction. She 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 No.698 of 2018 is disposed of.
5. Criminal Application No.900 of 2018 is also disposed of.
(ASHWIN D. BHOBE, J.)
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