Multiple execution applications of 2019 were called for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules as the decree holders had taken no steps for over four years. None appeared to show cause; the applications were 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.
Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.01.10 10:15:51 +0530
1 (26) EXA-714.19&ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.714 OF 2019
Bajaj Finance Ltd. : Claimant. Vs. Pramesh Sindhwad : Respondent.
WITH
EXECUTION APPLICATION NO.715 OF 2019
Bajaj Finance Ltd. : Claimant. Vs. Ibrahim H Bilakhia : Respondent.
WITH
EXECUTION APPLICATION NO.718 OF 2019
Bajaj Finance Ltd. : Claimant. Vs. Mohanlal M Barot : Respondent.
WITH
EXECUTION APPLICATION NO.719 OF 2019
Ujjwal Textiles : Claimant/Plaintiff Vs. Shree Ram Trading Company Proprietor Ashish Rai : Respondent/Defendant
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2 (26) EXA-714.19&ors.doc
WITH
EXECUTION APPLICATION NO.872 OF 2019
M/s. Shriram Transport Finance Co. Ltd.: Claimant.
Vs.
Hemant Brahmadev Yadav & Anr. : Respondents.
WITH
EXECUTION APPLICATION NO.875 OF 2019
Edelweiss Retail Finance Ltd. : Decree Holder. Vs. Danco Enterprises India (P) Ltd and others : Judgment Debtors
WITH
EXECUTION APPLICATION NO.945 OF 2019
Edelweiss Retail Finance Limited : Decree Holder Vs. S. K. Enterprises and anr. : Judgment Debtors.
WITH
EXECUTION APPLICATION NO.1082 OF 2019
Gati Kintetsu Express Pvt. Ltd. : Claimant. Vs. Planet Design Pvt. Ltd. : Respondent.
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3 (26) EXA-714.19&ors.doc
WITH
EXECUTION APPLICATION NO.1143 OF 2019
Rakesh Trading Co. : Claimant/Plaintiff Vs. Status Fashion : Respondent/Defendant. WITH EXECUTION APPLICATION NO.1225 OF 2019 Cholamandalam Investment and Finance Company Limited : Claimant. Vs. Nisarahmed Amrullah Kasar & Anr. : Respondents.
None for the Claimants/Decree Holders.
----CORAM : ARIF S. DOCTOR, J. DATE : 09th JANUARY 2024
P.C. :
of the Bombay High Court (Original Side) Rules, 1980 since no steps have been taken by the Claimants/Decree Holders for twelve months from the date of filing of the captioned Execution Applications. Rule 329 of the Bombay High Court Rules, 1980 provides as follows;
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“ 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.”
(ARIF S. DOCTOR, J.)
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1 issue framed by the court
Should execution applications be dismissed for want of prosecution where decree holders took no steps for twelve months under Rule 329?
1 provisions across 1 enactments
Bajaj Finance Ltd.
Pramesh Sindhwad
Ujjwal Textiles
M/s. Shriram Transport Finance Co. Ltd.
Edelweiss Retail Finance Ltd.
Gati Kintetsu Express Pvt. Ltd.
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
