Edelweiss Retail Finance Ltd. v. Skyway Cargo Carriers India Pvt. Ltd. And 2 Others

Digitally signed by MUGDHA MANOJ PARANJAPE Date:

2024.04.16 16:51:18 +0530 MUGDHA MANOJ PARANJAPE 1 3-EXA 510-17 & other matters.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.510 OF 2017 Mahindra & Mahindra Financial Services Ltd.

... Applicant (Org. Claimant/Decree Holder) V/s.

Renu Ravinderkumar Alagh & Anr.

... Respondents (Org. Respondents/Judgment Debtors) EXECUTION APPLICATION NO.511 OF 2017 EXECUTION APPLICATION NO.512 OF 2017 EXECUTION APPLICATION NO.516 OF 2017 EXECUTION APPLICATION NO.527 OF 2017 EXECUTION APPLICATION NO.951 OF 2017 EXECUTION APPLICATION NO.952 OF 2017 EXECUTION APPLICATION NO.953 OF 2017 EXECUTION APPLICATION NO.961 OF 2017 EXECUTION APPLICATION NO.1162 OF 2017

2 3-EXA 510-17 & other matters.doc EXECUTION APPLICATION NO.333 OF 2018 EXECUTION APPLICATION NO.334 OF 2018 EXECUTION APPLICATION NO.335 OF 2018 EXECUTION APPLICATION NO.336 OF 2018 EXECUTION APPLICATION NO.338 OF 2018 EXECUTION APPLICATION NO.244 OF 2019 EXECUTION APPLICATION NO.246 OF 2019 EXECUTION APPLICATION NO.283 OF 2019 EXECUTION APPLICATION NO.297 OF 2019 EXECUTION APPLICATION NO.304 OF 2019 EXECUTION APPLICATION NO.873 OF 2019 EXECUTION APPLICATION NO.976 OF 2019 EXECUTION APPLICATION NO.1052 OF 2019 COMMERCIAL EXECUTION APPLICATION NO.1075 OF 2019 EXECUTION APPLICATION NO.1135 OF 2019

3 3-EXA 510-17 & other matters.doc EXECUTION APPLICATION NO.1269 OF 2019 ----- None for the Claimants/Decree Holders.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

16TH APRIL 2024 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 Claimants/Decree Holders for twelve months from the date of filing of the captioned Execution Applications. Rule 329 of the Bombay High Court (Original Side) 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.

Today when these matters were called out, none appeared on behalf of the Claimants/Decree Holders to show cause as to why the captioned Execution Applications should not be dismissed. The captioned Execution

4 3-EXA 510-17 & other matters.doc Applications are of the years 2017, 2018 and 2019 and given that despite the passage of over five years, the Claimants/Decree Holders have not taken any steps to proceed with the Execution Applications, the captioned Execution Applications are thus dismissed in terms of Rule 329 as above. (ARIF S. DOCTOR, J.)