Bombay High Court
BHASKAR BIO INDUSTRIES PVT. LTD.,versusGHORPADE AGROVET
- Disposal
- Disposed Off
Holding
The appeal is transferred to the Sessions Court having jurisdiction, and the matter is to be proceeded with there on its merits.
Summary
The appellant, Bhaskar Bio Industries Pvt. Ltd., was absent when the appeal was called. The respondent's counsel, C. D. Mali, relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the matter should be before a Sessions Court with jurisdiction. The High Court agreed, ordering the transfer of the proceedings to the appropriate Sessions Court, directing the registrar to effect the transfer, and instructing the Sessions Court to re‑register, issue notices, and expedite the case. The appeal and any interim applications were consequently disposed. The order emphasizes adherence to jurisdictional rules and Supreme Court precedent.
Issues considered
- Whether the criminal appeal pending before the High Court should be transferred to a Sessions Court having jurisdiction
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- Supreme Court precedent
Judgment
32-APEAL-761-2015 (CR).docx
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CR. APPEAL NO. 761 OF 2015
Bhaskar Bio Industries Pvt. Ltd. … Appellant
Versus
Ghorpade Agrovet … Respondent
——————
None for the Appellant.
Mr. C. D. Mali, 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 either physically or through V. C. mode.
2. C. D. Mali, 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
32-APEAL-761-2015 (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. 761 of 2015 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
11:33:47
+0530
Arjun 2
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