Tata Capital Financial Services Limited v. Shreemaya Hitech Stone Crusher And Infrastructure

78 & 79.doc

IN THE HIGH COURT OF JUDICATURE AT BOMBAY

ORDINARY ORIGINAL CIVIL JURISDICTION INTERIM APPLICATION NO. 7426 OF 2025 IN EXECUTION APPLICATION NO. 65 OF 2026 Tata Capital Financial Services Ltd.

...Applicant V/s.

Om Enterprises

...Respondent

AND INTERIM APPLICATION NO. 7428 OF 2025 IN EXECUTION APPLICATION NO. 3321 OF 2024 Tata Capital Financial Services Ltd.

...Applicant V/s.

Shreemaya Hitech Stone Crusher and Infrastructure

...Respondent

Ms.Bijal Gogri i/b O. M. Gujar Law Chambers for the Applicant.

CORAM

:

ABHAY AHUJA, J.

DATE :

21st JANUARY, 2026 P.C. :

1.

By these Interim Application seeks restoration of the two Execution Applications that had been permitted to be withdrawn by an order of the National Lok Adalat on 13th September, 2025. 2.

Ms. Gogri, learned Counsel appearing for the Applicant submits that withdrawal was unintentional and inadvertent and occurred due to bona-fide mistake and oversight. Ms. Gogri submits that on the said date there were a number of matters which were withdrawn and Nikita Gadgil 1/2

78 & 79.doc inadvertently these two Execution Applications also got added to the said list.

3.

Ms. Gogri submits that although the two Interim Application seeking restoration of the Execution Applications have been served upon the respective Respondents, however, none appears despite service and tenders across the bar affidavit of service dated 12th January, 2026.

4.

The learned Court Associate confirms that the service has indeed been effected.

5.

Having heard the learned Counsel and having considered the submissions and for reasons contained in the Applications as well as submitted before this Court, this Court is of the view that the order of the National Lok Adalat dated 13th September, 2025 be recalled, the two Execution Applications be restored to file and be listed on 18th March, 2026.

(ABHAY AHUJA, J.) Digitally signed by NIKITA YOGESH GADGIL Date:

2026.01.22 13:34:12 +0530 NIKITA YOGESH GADGIL Nikita Gadgil 2/2