Bombay High Court

VILAS BABULAL OSWALversusSUNIL MOHANLAL KOTHARI AND ANR

Disposal: Disposed Off

Holding

The proceedings are transferred to the Sessions Court having jurisdiction.

Summary

The appellant, Vilas Babulal Oswal, was absent when the matter was called before the Bombay High Court, Kolhapur Circuit Bench. The State, through Ms. Mahalakshmi Ganapathy, invoked the Supreme Court’s decision in Celestium Financial v. A. Gnanasekaran (2025) to argue that the criminal proceedings should be before a Sessions Court with appropriate jurisdiction. The Court agreed, ordering the transfer of the appeal and the related application to the competent Sessions Court, directing re‑registration and issuance of notices, and urging expedited disposal. The High Court then formally disposed of both the criminal appeal (No. 698 of 2018) and the criminal application (No. 900 of 2018).

Issues considered

Whether the criminal appeal and related application should be transferred to a Sessions Court having jurisdiction
Whether the precedent set by Celestium Financial v. A. Gnanasekaran (2025) mandates such transfer

Subjects

jurisdiction
transfer of proceedings
criminal appeal
Sessions Court
Supreme Court precedent

Judgment

Digitally signed
by LAXMIKANT
LAXMIKANT GOPAL
GOPAL CHANDAN
Date:
937-APEAL-698-2018 -AW- APPA-900.18 (CR).DOCX
CHANDAN
2026.08.24
19:31:27 +0530

lgc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIRCUIT BENCH AT KOLHAPUR
CRIMINAL APPELLATE JURISDICTION

CRIMINAL APPEAL NO. 698 OF 2018

Vilas Babulal Oswal : Appellant
VERSUS
Sunil Mohanlal Kothari And Anr : Respondents

WITH
CRIMINAL APPLICATION IN APPEAL NO. 900 OF 2018
IN
CRIMINAL APPEAL NO. 698 OF 2018

Vilas Babulal Oswal : Applicant
VERSUS
Sunil Mohanlal Kothari And Anr : Respondents

______________________________________________________
None for the Appellant.
Ms. Mahalakshmi Ganapathy, APP for the Respondent – State.
______________________________________________________

CORAM : ASHWIN D. BHOBE, J.

DATED : 21 AUGUST 2026
PC:-

1. When this matter is called out, neither the Appellant nor the
Advocate for the Appellant are present physically or through V. C.
mode.

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

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937-APEAL-698-2018 -AW- APPA-900.18 (CR).DOCX

Sessions Court having jurisdiction. She 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.

4. Criminal Appeal No.698 of 2018 is disposed of.

5. Criminal Application No.900 of 2018 is also disposed of.

(ASHWIN D. BHOBE, J.)

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937-APEAL-698-2018 -AW- APPA-900.18 (CR).DOCX

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