Bombay High Court
MARDA TEXTILESversusANAND TEXTILES AND ANR
- Disposal
- Disposed Off
Holding
The High Court held that the proceedings must be transferred to the Sessions Court having jurisdiction.
Summary
Marda Textiles appealed against Anand Textiles in a criminal matter before the Bombay High Court, Kolhapur Bench. The appellant argued, relying on the Supreme Court decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320), that the proceedings should be before a Sessions Court having jurisdiction. The Court agreed that the matter fell within the jurisdiction of the Sessions Court and ordered its transfer. The Registrar was directed to effect the transfer and the Sessions Court was instructed to re‑register the case, issue notices, and expedite the proceedings. Consequently, the appeal was disposed of and the matter was transferred to the appropriate Sessions Court.
Issues considered
- Whether the criminal proceedings pending before the High Court should be transferred to a Sessions Court having jurisdiction.
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- procedural law
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN 5) APEAL-773.12 (CR).DOCX
GOPAL Date:
CHANDAN 2026.08.24
18:48:49
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO. 773 OF 2012
Marda Textiles : Appellant.
VERSUS
Anand Textiles
Prop. Anand Rajkumar Boob And Anr : Respondents
______________________________________________________
Mr. Onkar Baja i/by Adv. Priyal Sarda for the Appellant.
Ms. Shubhangi N Deshmukh, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 24 AUGUST 2026
PC:-
1. Heard learned Advocate for the Appellant and 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.
3. In view of the above, the following order is passed :-
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5) APEAL-773.12 (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. 773 of 2012 is disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
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