Executor ruled that an execution application stayed for 12 months without prosecution by the claimant must be dismissed under the High Court Rules. The respondent did not appear to contest the dismissal.
Execution Application dismissed for want of prosecution. No order as to costs.
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.
Digitally signed byMUGDHA MUGDHA M M PARANJAPE PARANJAPE Date: 2023.06.07 16:20:48 +0530
1 29-EXA 719-17.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.719 OF 2017
Mahindra & Mahindra Financial Services Limited … Applicant
(Org. Claimant/Decree Holder)
V/s.
Sanjay Ratilal Panchal & Anr. … Respondents
(Org. Respondents/Judgment Debtors)
None for the Applicant/Original Claimant.
CORAM : ARIF S. DOCTOR, J. DATE : 07TH JUNE 2023
P.C. :
“ 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
1 of 2
2 29-EXA 719-17.doc
(ARIF S. DOCTOR, J.)
Mugdha
2 of 2
1 issue framed by the court
Whether an execution application stalled for 12 months should be dismissed for want of prosecution.
1 provisions across 1 enactments
Mahindra & Mahindra Financial Services Limited
Sanjay Ratilal Panchal & Anr.
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
