Execution applications pending for years without any steps by the decree holders/claimants were dismissed under Rule 329 of the Bombay High Court (Original Side) Rules, 1980, which mandates dismissal of unprosecuted execution applications after twelve months.
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 by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.01.09 13:01:08 +0530
1 (3) EXA-236.19&ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.236 OF 2019
Kotak Mahindra Bank Ltd. : Decree Holder Vs. Kavita Anand Bhagat : Judgment Debtor.
WITH EXECUTION APPLICATION NO.240 OF 2019 Kotak Mahindra Bank Ltd. : Decree Holder Vs. Najib Hanif Khan : Judgment Debtor
WITH EXECUTION APPLICATION NO.299 OF 2019 Kotak Mahindra Bank Ltd. : Decree Holder Vs. Umesh Mohan Mangaonkar : Judgment Debtor.
WITH EXECUTION APPLICATION NO.302 OF 2019 Kotak Mahindra Bank Ltd. : Decree Holder Vs. Dinesh Ramesh Mayavanshi : Judgment Debtor.
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WITH EXECUTION APPLICATION NO.305 OF 2019
Kotak Mahindra Bank Ltd. : Decree Holder Vs. Amitraj Nanaprakash Naidu : Judgment Debtor. WITH EXECUTION APPLICATION NO.717 OF 2019 Bajaj Finance Ltd. : Claimant. Vs. Sanket Parshuram Koli : Respondent.
WITH EXECUTION APPLICATION NO.867 OF 2019 Edelweiss Retail Finance Limited : Decree Holder Vs. Aashiq Steel Industries Through Proprietor Aashiq Aabas Yasinali Mookhy & anr. : Judgment Debtor WITH EXECUTION APPLICATION NO.874 OF 2019 Edelweiss Retail Finance Limited : Decree Holder Vs. Tejasvi Creation Through its Proprietor Mr. Sharad Anant More and ors. : Judgment Debtors.
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WITH
EXECUTION APPLICATION NO.900 OF 2019
Bajaj Finance Ltd. : Claimant Vs. Dilip Ashok Bhatkar : Respondent.
WITH EXECUTION APPLICATION NO.944 OF 2019
Edelweiss Retail Finance Limited : Decree Holder Vs. Priyanka Fashion Through its Proprietor Mr. Hitendra Girdharlal Karia & anr. : Judgment Debtors.
WITH EXECUTION APPLICATION NO.958 OF 2019 Toyota Financial Services India Ltd. : Decree Holder Vs. Waves Travels : Judgment Debtor WITH EXECUTION APPLICATION NO.1081 OF 2019 Gati Kintetsu Express Private Limited : Claimant Vs. Omnipresent Retail India Pvt. Ltd. : Respondents.
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4 (3) EXA-236.19&ors.doc
WITH EXECUTION APPLICATION NO.1117 OF 2019 Kotak Mahindra Bank Limited : Claimant Vs. Ganesh Pansare : Respondent. WITH EXECUTION APPLICATION NO.1129 OF 2019 Toyota Financial Services India Ltd. : Decree Holder Vs. Safar Tour and Travels and anr. : Judgment Debtors. WITH EXECUTION APPLICATION NO.1130 OF 2019 Toyota Financial Services India Ltd. : Decree Holder Vs. Pelican Services Smart Lease Through its Proprietor Chandran S Kulvan : Judgment Debtor WITH EXECUTION APPLICATION NO.1267 OF 2019 Lokmanya Multipurpose Cooperative Society Ltd. : Decree Holder Vs. Narendra Ganpat Palande and ors. : Judgment Debtors.
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None for the Claimants/Decree Holders.
CORAM : ARIF S. DOCTOR, J. DATE : 08th JANUARY 2024
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.”
Claimants/Decree Holders have not taken any steps to proceed with the Execution Applications. The Execution Applications are thus dismissed in terms of Rule 329 as above.
(ARIF S. DOCTOR, J.)
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1 issue framed by the court
Whether execution applications lying dormant for over twelve months without steps should be dismissed for non-prosecution under Rule 329 of the Bombay High Court Rules.
1 provisions across 1 enactments
Kotak Mahindra Bank Ltd.
Kavita Anand Bhagat
Najib Hanif Khan
Umesh Mohan Mangaonkar
Dinesh Ramesh Mayavanshi
Amitraj Nanaprakash Naidu
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
