Kotak Mahindra Bank Ltd v. Neelima N. Nagawekar

by LAXMIKANT GOPAL CHANDAN Date:

2024.01.11 13:57:17 +0530 LAXMIKANT GOPAL CHANDAN 1 (40) EXA-303.19.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.303 OF 2019 Kotak Mahindra Bank Ltd.

: Claimant.

Vs.

Neelima N. Nagawekar : Respondent.

----- None for the Claimant.

----- CORAM :

ARIF S. DOCTOR, J.

th JANUARY 2024 DATE :

P.C. :

1.

The present matter was 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 Claimant/Decree Holder for twelve months from the date of filing of the captioned Execution Application. Rule 329 of the 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."

LGC

2 (40) EXA-303.19.doc 2.

Today when the matter was called out, none appeared on behalf of the Claimant/Decree Holder to show cause as to why the captioned Execution Application should not be dismissed. The captioned Execution Application is of the year 2019 and given that despite the passage of over four years, the Claimant/Decree Holder has not taken any steps to proceed with the Execution Application. The captioned Execution Application is thus dismissed in terms of Rule 329 as above.

(ARIF S. DOCTOR, J.) LGC