Edelweiss Retail Finance Limited v. Tejasvi Creation And 2 ORS
by LAXMIKANT GOPAL CHANDAN Date:
2024.01.09 13:01:08 +0530 LAXMIKANT GOPAL CHANDAN 1 (3) EXA-236.19&ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.236 OF 2019 Kotak Mahindra Bank Ltd.
Kavita Anand Bhagat : Judgment Debtor.
EXECUTION APPLICATION NO.240 OF 2019 Kotak Mahindra Bank Ltd.
Najib Hanif Khan EXECUTION APPLICATION NO.299 OF 2019 Kotak Mahindra Bank Ltd.
Umesh Mohan Mangaonkar : Judgment Debtor.
EXECUTION APPLICATION NO.302 OF 2019 Kotak Mahindra Bank Ltd.
Dinesh Ramesh Mayavanshi : Judgment Debtor.
2 (3) EXA-236.19&ors.doc EXECUTION APPLICATION NO.305 OF 2019 Kotak Mahindra Bank Ltd.
Amitraj Nanaprakash Naidu : Judgment Debtor.
EXECUTION APPLICATION NO.717 OF 2019 Bajaj Finance Ltd.
: Claimant.
Sanket Parshuram Koli EXECUTION APPLICATION NO.867 OF 2019 Edelweiss Retail Finance Limited Aashiq Steel Industries Through Proprietor Aashiq Aabas Yasinali Mookhy & anr.
EXECUTION APPLICATION NO.874 OF 2019 Edelweiss Retail Finance Limited Tejasvi Creation Mr. Sharad Anant More and ors.
3 (3) EXA-236.19&ors.doc EXECUTION APPLICATION NO.900 OF 2019 Bajaj Finance Ltd.
: Claimant Dilip Ashok Bhatkar EXECUTION APPLICATION NO.944 OF 2019 Edelweiss Retail Finance Limited Priyanka Fashion Mr. Hitendra Girdharlal Karia & anr.
EXECUTION APPLICATION NO.958 OF 2019 Toyota Financial Services India Ltd.
Waves Travels EXECUTION APPLICATION NO.1081 OF 2019 Gati Kintetsu Express Private Limited : Claimant Omnipresent Retail India Pvt. Ltd.
: Respondents.
4 (3) EXA-236.19&ors.doc EXECUTION APPLICATION NO.1117 OF 2019 Kotak Mahindra Bank Limited : Claimant Ganesh Pansare EXECUTION APPLICATION NO.1129 OF 2019 Toyota Financial Services India Ltd.
Safar Tour and Travels and anr.
EXECUTION APPLICATION NO.1130 OF 2019 Toyota Financial Services India Ltd.
Pelican Services Smart Lease Chandran S Kulvan EXECUTION APPLICATION NO.1267 OF 2019 Lokmanya Multipurpose Cooperative Society Ltd.
Narendra Ganpat Palande and ors.
5 (3) EXA-236.19&ors.doc ----- None for the Claimants/Decree Holders.
----- CORAM :
ARIF S. DOCTOR, J.
th JANUARY 2024 DATE :
P.C. :
1.
These matters were on board today for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules, 1980 since no steps have been taken by the Applicants for twelve months from the date of filing of the captioned Execution Applications. Rule 329 of Bombay High Court Rules, 1980 provides as follows;
"R.329. Non-prosecution of application for execution.---- When a party does not proceed with the application for execution for a period of twelve months from the date of the filing of application, the Prothonotary and Senior Master shall place the application before the Judge in Chambers for dismissal for want of prosecution. The Judge may pass such orders thereon as he may think fit."
2.
Given that despite the passage of over four years, the Claimants/Decree Holders have not taken any steps to proceed with the Execution Applications.
The Execution Applications are thus dismissed in terms of Rule 329 as above.
(ARIF S. DOCTOR, J.)