Created by Fuzzy Cloud

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.




                                    2
                                      (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


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.