The court dismissed an execution application filed by Magma Fincorp Limited against Viraj Jewellers for want of prosecution, as it remained unprosecuted for 12 months under Rule 329 of the High Court Rules.
The execution application for non-prosecution was dismissed for want of prosecution under Rule 329. No order as to costs.
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Digitally signed byMUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.06.07 16:20:49 +0530
1 25-EXA 597-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.597 OF 2017
Magma Fincorp Limited … Claimant/Decree Holder V/s.
Viraj Jewellers & Ors. … Respondents/ Judgment Debtors
None for the Claimant/Decree Holder.
CORAM : ARIF S. DOCTOR, J. DATE : 07TH JUNE 2023
P.C. :
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.”
cause why the Execution Application ought not to be dismissed.
Mugdha
1 of 2
2 25-EXA 597-17.doc
prosecution. No order as to costs.
(ARIF S. DOCTOR, J.)
Mugdha
2 of 2
1 issue framed by the court
Whether an execution application lapses after 12 months of non-prosecution under Rule 329 of the Bombay High Court Original Side Rules.
1 provisions across 1 enactments
Magma Fincorp Limited
Viraj Jewellers & Ors.
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
