Created by Fuzzy Cloud

Bombay High Court

PAWAN KAMALKISHOR KARWAversusSALIM GULABHUSAIN BELLIF AND ORS

Disposal
Disposed Off

Holding

The appeal is transferred to the Sessions Court having jurisdiction, and the appeal is disposed of.

Summary

In Criminal Appeal No. 855 of 2011, the appellant Pawan Kamalkishor Karwa sought relief against the respondents. The learned counsel for both sides relied on the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025 SCC OnLine SC 1320) to argue that the matter should be heard by a Sessions Court with appropriate jurisdiction. The High Court, after considering the precedent, ordered that the proceedings 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, the appeal was disposed of, and any interim applications were also dismissed.

Issues considered

  • Whether the criminal appeal pending before the High Court should be transferred to the Sessions Court having jurisdiction
  • Whether the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran is applicable to mandate such transfer

Subjects

  • transfer of jurisdiction
  • criminal appeal
  • sessions court
  • Supreme Court precedent
  • procedural law

Judgment

                                                       12-APEAL-855-2011 (CR).docx


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                     CIRCUIT BENCH AT KOLHAPUR
                  CRIMINAL APPELLATE JURISDICTION
                      CR. APPEAL NO. 855 OF 2011

Pawan Kamalkishor Karwa                               … Appellant
                      Versus
Salim Gulabhusain Bellif And Ors.                     … Respondents


                                 ——————
Mr. Onkar Bajaj i/b Priyal Sarda, Advocate for the Appellant.
Mr. N. B. Patil, APP for the Respondent – State.
                                 ——————

                                  Coram :     ASHWIN D. BHOBE, J.

                                  Date:       17th September 2026.

PER COURT :


1.      Heard Mr. Onkar Bajaj, learned Advocate for the Appellant and Mr. N.
B. Patil, 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 :-




Arjun                                 1
                                                                                 12-APEAL-855-2011 (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. 855 of 2011 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
        11:00:44
        +0530



                     Arjun                                  2


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.