Dismissed

Mahindra and Mahindra Financial Services Limited v. Naima Tour and Travels and 2 Ors.

Bombay HC10 Jan 2024EXA/1947/2018

Case brief

AI extract

What is this about?

The Bombay High Court dismissed multiple execution applications under Rule 329 of the Bombay High Court Rules, 1980, due to non-prosecution by claimants exceeding the twelve-month statutory period without taking steps.

What did the court decide?

Dismissal of Execution Applications numbered 1929 to 1996 of 2018 under Rule 329 of the Bombay High Court (Original Side) Rules, 1980.

Mahindra and Mahindra Financial Services Limited Vs… — Execution and Attachment | Bombay HC (2024)

¶1

MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2024.01.10 17:06:08 +0530

¶2

1 21-EXA 1929-18 & other matters.doc

¶3

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

¶4

EXECUTION APPLICATION NO.1929 OF 2018

¶5

Unnati Microfin Pvt. Ltd. … Claimant V/s. Rupali Shivaji Kamble … Respondent

¶6

AND

¶7

EXECUTION APPLICATION NO.1940 OF 2018

¶8

AND

¶9

EXECUTION APPLICATION NO.1947 OF 2018

¶10

AND

¶11

EXECUTION APPLICATION NO.1955 OF 2018

¶12

AND

¶13

EXECUTION APPLICATION NO.1961 OF 2018

¶14

AND

¶15

EXECUTION APPLICATION NO.1962 OF 2018

¶16

AND

¶17

EXECUTION APPLICATION NO.1963 OF 2018

¶18

AND

¶19

EXECUTION APPLICATION NO.1964 OF 2018

¶20

AND

¶21

EXECUTION APPLICATION NO.1966 OF 2018

¶22

AND

¶23

EXECUTION APPLICATION NO.1970 OF 2018

¶24

AND

¶25

EXECUTION APPLICATION NO.1971 OF 2018

¶26

AND

¶27

EXECUTION APPLICATION NO.1972 OF 2018

¶28

Mugdha

¶29

1 of 3

¶30

2 21-EXA 1929-18 & other matters.doc

¶31

AND

¶32

EXECUTION APPLICATION NO.1987 OF 2018

¶33

AND

¶34

EXECUTION APPLICATION NO.1988 OF 2018 AND EXECUTION APPLICATION NO.1993 OF 2018 AND EXECUTION APPLICATION NO.1994 OF 2018 AND

¶35

EXECUTION APPLICATION NO.1996 OF 2018

¶36

None for the Claimants/Decree Holders.

¶37

CORAM : ARIF S. DOCTOR, J. DATE : 10TH JANUARY 2024

¶38

P.C. :

¶39

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 (Original Side) Rules, 1980 provides as follows;

¶40

“ 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.”

¶41

Mugdha

¶42

2 of 3

¶43

3 21-EXA 1929-18 & other matters.doc

¶44

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.

¶45

(ARIF S. DOCTOR, J.)

¶46

Mugdha

¶47

3 of 3

Mahindra and Mahindra Financial Services Limited v. Naima Tour and Travels and 2 Ors.

Case brief

What is this about?

What did the court decide?

Mahindra and Mahindra Financial Services Limited v. Naima Tour and Travels and 2 Ors.

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

Similar cases

Rakesh Trading Co. Vs Status Fashion

Bajaj Finance Ltd. Vs Pramesh Sindhwad

Edelweiss Retail Finance Ltd. Vs S. K. Enterprises and Anr.

Shriram Transport Finance Company Limited Vs Saeedul Hasan Sagrul Hasan Sayyed and Anr.

Sandeep Atmaram Kore vs Gopal Devji Kore (Deceased)

Ashok Kumar Lalta Prasad Gupta vs Lalta Prasad Ramdev Gupta(Deceased)