Dismissed

M/S Cholamandalam Investment and Finance Ltd. v. Asif Kasim Mujavar and Anr.

Bombay HC25 Jul 2023EXA/1010/2017

Case brief

AI extract

What is this about?

The execution application, filed in 2017 and left unprosecuted for over six years, was dismissed under Rule 329 of the Bombay High Court (Original Side) Rules, 1980, due to non-prosecution. Respondents were granted liberty to lift any attached property.

What did the court decide?

Execution application dismissed; liberty granted to judgment debtors to lift attachment on property if found attached.

M/S Cholamandalam Investment and Finance Ltd. Vs… — Execution and Attachment | Bombay HC (2023)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2023.07.26 14:11:39 +0530

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1 (17) EXA-1010.17.doc

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION

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EXECUTION APPLICATION NO. 1010 OF 2017

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M/s. Cholamandalam Investment &

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Finance Co. Ltd. ….. Claimant

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Vs.

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Asif Kasim Mujavar s/o Kasim Mujavar and anr. ….. Respondents.

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None for the Claimant.

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CORAM : ARIF S. DOCTOR, J. DATE : 25th July 2023

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P.C. :

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Today when the matter was called out, none appeared for the

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Claimant.

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The present matter is on board for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules, 1980. Rule 329 reads thus:-

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“ R.329. Non-prosecution of application for execution .---- When

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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

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1 of 3

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LGC

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2 (17) EXA-1010.17.doc

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application before the Judge in Chambers for dismissal for want of prosecution. The Judge may pass such orders thereon as he may think fit.”

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This is an Execution Application of the year 2017 and the same has not been prosecuted for well over a period of 12 months, in fact for over 6 years from the date of filing.

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None appears for the Claimant to show cause as to why the matter ought not to be dismissed.

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The record however reflects that in the year 2017 warrants of attachment have been issued to the Respondents, but there is no report on record to show whether or not the same have infact been executed. There is also no Application seeking issuance of fresh warrants or for an extension of time.

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In view thereof, the Execution Application stands dismissed in terms of Rule 329 of the Bombay High Court (Original Side) Rules, 1980. In view of dismissal of the Execution Application, the interim proceedings, if any, also stand disposed of.

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LGC

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3 (17) EXA-1010.17.doc

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In the event, if it is found that the property is attached under the warrants of attachment issued in this matter, the judgment debtors are granted liberty to take necessary steps as are available in law for lifting the attachment.

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(ARIF S. DOCTOR, J.)

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LGC

M/S Cholamandalam Investment and Finance Ltd. v. Asif Kasim Mujavar and Anr.

Case brief

What is this about?

What did the court decide?

M/S Cholamandalam Investment and Finance Ltd. v. Asif Kasim Mujavar and Anr.

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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