Mahindra And Mahindra Financial Services Limited v. Palani Subramani Swamy And ANR

Digitally signed by MUGDHA M PARANJAPE Date:

2023.06.07 16:20:48 +0530 MUGDHA M PARANJAPE 1 21-EXA 586-17.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.586 OF 2017 Mahindra & Mahindra Financial Services Limited ... Applicant (Org. Claimant/Decree Holder) V/s.

Palani Subramani Swamy & Anr.

... Respondents (Org. Respondents/Judgment Debtors) ----- None for the Applicant/Original Claimant.

----- CORAM :

ARIF S. DOCTOR, J.

DATE :

07TH JUNE 2023 P.C. :

1.

This Execution Application has not been proceeded with for a period of 12 months from the date of its filing and is thus placed on board under the caption "For Dismissal" under the provisions of Rule 329 of the Bombay High Court Original Side Rules which provides as under :- "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." Mugdha

2 21-EXA 586-17.doc 2.

Today none appears for the Applicant/Original Claimant to show cause why the Execution Application ought not to be dismissed. 3.

In view thereof, the Execution Application is dismissed for want of prosecution. No order as to costs.

(ARIF S. DOCTOR, J.) Mugdha