Bombay High Court
M/S. JAIN STEELversusMENON METALLIKS PVT. LTD. CO., AND ORS
- Disposal
- Disposed Off
Holding
The appeals are transferred to the Sessions Court having jurisdiction.
Summary
The High Court of Bombay, Kolhapur Circuit Bench, heard three criminal appeals filed by M/s. Jain Steel against Menon Metaliks Pvt. Ltd. and others. Neither the appellant nor its counsel appeared. The respondent's counsel, citing the Supreme Court decision in Celestium Financial Ltd. v. A. Gnanasekaran (2025 SCC OnLine SC 1320), argued that the matters should be before a Sessions Court with proper jurisdiction. The Court agreed and ordered the transfer of the appeals to the appropriate Sessions Court, directing the registrar to effect the transfer, re‑registration, and issuance of notices, and urging expedited disposal. Consequently, the three appeals and any interim applications were disposed of by transfer.
Issues considered
- Whether the High Court has jurisdiction to continue hearing the criminal appeals or must transfer them to a Sessions Court with territorial jurisdiction
- Whether the Supreme Court precedent in Celestium Financial Ltd. v. A. Gnanasekaran mandates transfer of such proceedings
Subjects
- jurisdiction
- transfer of proceedings
- criminal appeal
- sessions court
- Supreme Court precedent
Judgment
Digitally signed
by LAXMIKANT
GOPAL
LAXMIKANT CHANDAN (21) APEAL-779.17&ORS.DOCX
GOPAL Date:
CHANDAN 2026.08.27
17:17:59
+0530 lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION
CRIMINAL APPEAL NO.779 OF 2017
M/s. Jain Steel : Appellant.
Versus
Menon Metaliks Pvt. Ltd. Co. & ors. : Respondents
WITH
CRIMINAL APPEAL NO.780 OF 2017
M/s. Jain Steel : Appellant.
Versus
Menon Metaliks Pvt. Ltd. Co. & ors. : Respondents
WITH
CRIMINAL APPEAL NO.781 OF 2017
M/s. Jain Steel : Appellant.
Versus
Menon Metaliks Pvt. Ltd. Co. & ors. : Respondents
______________________________________________________
None for the Appellant
Mr. S. S. Choudhari, APP for the Respondent – State.
______________________________________________________
CORAM : ASHWIN D. BHOBE, J.
DATED : 25 AUGUST 2026
PC:-
1. When these matters are called out, neither the Appellant nor
the Advocate for the Appellant are present physically or through V.
C. mode.
1
(21) APEAL-779.17&ORS.DOCX
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
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 :-
(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.
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(21) APEAL-779.17&ORS.DOCX
4. Criminal Appeal Nos. 779 of 2017, 780 of 2017 and 781 of
2017 are disposed of.
5. Interim Application, if any, is also disposed of.
(ASHWIN D. BHOBE, J.)
3
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