Cholamandalam Investment And Finance Company Limited v. Shree Sabaji Buwa Tours And Travels Rep By Its Pro. Mr Anil Phadale And ANR

by LAXMIKANT GOPAL CHANDAN Date: 2023.08.01 10:13:10 +0530 LAXMIKANT GOPAL CHANDAN 1 (1) EXA-1082.17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION N O.1082 OF 2017 Cholamandalam Investment and Finance Company Limited : Claimant.

versus Shree Sabaji Buwa Tours &Travels by its Proprietor Anil Phadale and anr.

: Respondents.

----- None for the Claimant.

----- CORAM :

ARIF S. DOCTOR, J.

th July 2023 DATE :

P.C. :

1.

Today when the matter was called out, none appeared for the Claimant.

2.

The present matter is on board for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules, 1980. Rule 329 reads thus:- "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."

3.

This is an Execution Application of the year 2017 and the same LGC

2 (1) EXA-1082.17.doc has not been prosecuted for well over a period of 12 months, in fact for over 6 years from the date of filing.

4.

None appears for the Claimant to show cause as to why the matter ought not to be dismissed.

5.

In view thereof, the Execution Application stands dismissed in terms of Rule 329 of the Bombay High Court (Original Side) Rules, 1980. In view of dismissal of the Execution Application, the interim proceedings, if any, also stand disposed of.

6.

In the event, if it is found that the property is attached under the warrants of attachment issued in this matter, the judgment debtors are granted liberty to take necessary steps as are available in law for lifting the attachment. (ARIF S. DOCTOR, J.) LGC