The High Court dismissed numerous execution applications filed before the Bombay High Court that remained undisposed of for over 12 months, holding they were subject to dismissal for want of prosecution under the original rules.
Execution applications dismissed for want of prosecution.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
Nikita Gadgil 1 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 1806 OF 2015
New India Co-operative Bank Ltd. ….Applicant/Claimant
V/s.
M.s 21st Century Merchandise & Ors. ….Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1807 OF 2015
M/s Reliance Home Finance Ltd. ….Applicant/Claimant V/s. Nikunj B. Trivedi & Anr. …Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1824 OF 2015
M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Tukaram Mahadeo Desai …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1825 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Farookh Tayyeb Khatri …Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1826 OF 2015
M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Saidarais Ahamd Sayyed …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1851 OF 2015
M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Sanjeev Partul Mittal …Respondent/Judgment Debtor
Nikita Gadgil 2 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
AND
EXECUTION APPLICATION NO. 1885 OF 2015
M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Mathavan Krishnan …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1886 OF 2015 M/s Rapier Fabrics ….Applicant/Claimant V/s. M/s Navkar Garments …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1888 OF 2015 Phoenix ARC Pvt Ltd. ….Applicant/Claimant V/s. Vishal Sadanand Halegaonkar …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1890 OF 2015 Phoenix ARC Pvt Ltd. ….Applicant/Claimant V/s. Nirav Madhukar Shah …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1891 OF 2015 Phoenix ARC Pvt Ltd. ….Applicant/Claimant V/s. Manjit Ramesh Gaulani …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1895 OF 2015 M/s Clothing Intelligence Agency ….Applicant/Claimant V/s. M/s Laxmi Garments …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1896 OF 2015 M/s S.R.V. Synthetics ….Applicant/Claimant V/s. M/s Navkar Filaments Pvt. Ltd. …Respondent/Judgment Debtor
Nikita Gadgil 3 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
AND
EXECUTION APPLICATION NO. 1902 OF 2015
M/s Kotak Mahindra Bank Ltd. ….Applicant/Claimant V/s.
Ferry Electrical Services & Anr. …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1907 OF 2015
The Punjab and Maharashtra Co-operative Bank Ltd. ….Applicant/Claimant V/s. Bertin Nirmal John & Ors. …Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1915 OF 2015
HDFC Bank Ltd. ….Applicant/Claimant
V/s.
Sushil Kumar Binod Kumar Jana…Respondent/Judgment Debtor AND
EXECUTION APPLICATION NO. 1918 OF 2015
HDFC Bank Ltd. ….Applicant/Claimant V/s.
Vinodkumar Manikchand Dubey …Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1919 OF 2015
M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Arif A. Tharadra …Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1920 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Kiritkumar Surajmal Jain …Respondent/Judgment Debtor
AND
EXECUTION APPLICATION NO. 1922 OF 2015
Kotak Mahindra Bank Ltd ….Applicant/Claimant V/s. Abdul Gaffar Shaikh ... Respondent/Judgment Debtor
Nikita Gadgil 4 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
AND
EXECUTION APPLICATION NO. 1923 OF 2015 Kotak Mahindra Bank Ltd ….Applicant/Claimant V/s. Mangesh Jaganathan ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1924 OF 2015 Kotak Mahindra Bank Ltd ….Applicant/Claimant V/s. Onkar Anilkumar Bonalker ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1925 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Madhavi Vinay Surti ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1926 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Girish A. Salian ….Respondent/Judgment Dr. AND EXECUTION APPLICATION NO. 1929 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Asimul Qadrir Shaikh ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1931 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Abhijeet Ashok Jadhav ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1932 OF 2015 M/s Bajaj Finance Ltd. ….Applicant/Claimant V/s. Tejas Valaji Lodaya & Anr. ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1933 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Vijay Vedkumar Roy ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1934 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Kalpana Keshav Patil ....Respondent/Judgment Debtor
Nikita Gadgil 5 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
AND
EXECUTION APPLICATION NO. 1937 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Ashraf Ansari ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1939 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Kishori Chetan Trivedi ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1940 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Birendra Ramchandra Tiwari ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1941 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Sanjay Narayan Doke ...Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1954 OF 2015 Vidur Sood ….Applicant/Claimant V/s. Reza Progetti India Pvt Ltd. ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1974 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Amit Vireshwar Mohare ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1975 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Narendra Madhav Rege ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1976 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Naresh Kanayalal Rajwani ....Respondent/Judgment Debtor AND EXECUTION APPLICATION NO. 1978 OF 2015 M/s HDFC Bank Ltd. ….Applicant/Claimant V/s. Sukumar Deorao Patil ...Respondent/Judgment Debtor
Nikita Gadgil 6 of 6 SR NOs.38-42,44-52,54,60-63,65-78,87,89-92-Dismissal
None present.
CORAM : G.S. KULKARNI, J. DATE : 24 JANUARY 2020
a period of over 12 months from the date of filing of the applications. Accordingly, these applications have been placed by the Prothonotary and Senior Master under Rule 329 of the Bombay High Court Original Side Rules before the Court, for dismissal, for want of prosecution. As
none appears for the Applicants, these Execution Applications are dismissed.
[G.S. KULKARNI, J.]
1 issue framed by the court
Whether execution applications filed over 12 months ago should be dismissed for want of prosecution?
New India Co-operative Bank Ltd.
M.s 21st Century Merchandise
M/s Reliance Home Finance Ltd.
Nikunj B. Trivedi
M/s HDFC Bank Ltd.
Tukaram Mahadeo Desai
G.S. Kulkarni
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
