Dismissed

Bajaj Finance Ltd. v. Arvind Trading Corporation and Anr.

Bombay HC11 Jan 2024EXA/1261/2018

Case brief

AI extract

What is this about?

Single Judge terminated multiple execution applications filed in 2018 under Rule 329 of Bombay High Court Rules as the decree holders failed to take any steps for over 12 months, dismissing them for non-prosecution.

What did the court decide?

All captioned execution applications are dismissed under Rule 329 of the Bombay High Court Rules, 1980 for want of prosecution.

Bajaj Finance Ltd. Vs Arvind Trading Corporation and… — Execution and Attachment | Bombay HC (2024)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.01.11 13:57:16 +0530

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1 (14) EXA-1261.18&ors.doc

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

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EXECUTION APPLICATION NO.1261 OF 2018

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Bajaj Finance Ltd. : Claimant

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Vs.

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Arvind Trading Corporation and anr. : Respondents

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WITH

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EXECUTION APPLICATION NO.1295 OF 2018

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WITH

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EXECUTION APPLICATION NO.1355 OF 2018

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WITH

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EXECUTION APPLICATION NO.1815 OF 2018

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WITH

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EXECUTION APPLICATION NO.1825 OF 2018

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WITH

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EXECUTION APPLICATION NO.1830 OF 2018

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WITH

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EXECUTION APPLICATION NO.1836 OF 2018

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WITH

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EXECUTION APPLICATION NO.1837 OF 2018

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WITH

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EXECUTION APPLICATION NO.1854 OF 2018

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WITH

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EXECUTION APPLICATION NO.1855 OF 2018

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WITH

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EXECUTION APPLICATION NO.1856 OF 2018

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WITH

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EXECUTION APPLICATION NO.1857 OF 2018

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1 of 3

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LGC

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2 (14) EXA-1261.18&ors.doc

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WITH EXECUTION APPLICATION NO.1865 OF 2018 WITH EXECUTION APPLICATION NO.1954 OF 2018 WITH EXECUTION APPLICATION NO.2112 OF 2018 WITH EXECUTION APPLICATION NO.2135 OF 2018 WITH EXECUTION APPLICATION NO.2145 OF 2018 WITH EXECUTION APPLICATION NO.2146 OF 2018 WITH EXECUTION APPLICATION NO.2147 OF 2018 WITH EXECUTION APPLICATION NO.2158 OF 2018 -----

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None for the Claimants/Decree Holders.

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CORAM : ARIF S. DOCTOR, J. DATE : 11th JANUARY 2024

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P.C. :

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These matters were on board today for dismissal under Rule 329 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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2 of 3

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LGC

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3 (14) EXA-1261.18&ors.doc

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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.”

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Today when these matters were called out, none appeared on behalf of the Claimants/Decree Holders to show cause as to why the captioned Execution Applications should not be dismissed. The captioned Execution Applications are of the year 2018 and given that despite the passage of over five years, the Claimants/Decree Holders have not taken any steps to proceed with the Execution Applications. The captioned Execution Applications are thus dismissed in terms of Rule 329 as above.

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(ARIF S. DOCTOR, J.)

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3 of 3

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LGC

Bajaj Finance Ltd. v. Arvind Trading Corporation and Anr.

Case brief

What is this about?

What did the court decide?

Bajaj Finance Ltd. v. Arvind Trading Corporation 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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