The Bombay High Court dismissed six execution applications filed in 2018 for want of prosecution under Rule 329, noting no steps were taken by decree holders for twelve months and over five years overall, as the claimants did not appear.
Six execution applications (nos. 414, 586, 1260, 2076, 2078, 2079 of 2018) 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.
MUGDHA MANOJ PARANJAPE Digitally signed by MUGDHA MANOJ PARANJAPE Date: 2024.02.20 10:55:07 +0530
1 1-EXA 414-18 & other matters.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.414 OF 2018
M/s. Cholamandalam Investment and Finance Company Ltd. … Claimant
V/s.
Sunil Vishnu Panchal S/o Vishnu Panchal
and Poonam Sunil Panchal W/o. Sunil Panchal … Respondents
AND
EXECUTION APPLICATION NO.586 OF 2018
AND
EXECUTION APPLICATION NO.1260 OF 2018
AND
EXECUTION APPLICATION NO.2076 OF 2018
AND
EXECUTION APPLICATION NO.2078 OF 2018
AND
EXECUTION APPLICATION NO.2079 OF 2018
AND
EXECUTION APPLICATION NO.2090 OF 2018
None for the Claimants/Decree Holders.
CORAM : ARIF S. DOCTOR, J.
DATE : 16th FEBRUARY, 2024
Mugdha
1 of 2
2 1-EXA 414-18 & other matters.doc
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.”
(ARIF S. DOCTOR, J.)
Mugdha
2 of 2
1 issue framed by the court
Whether execution applications pending for over five years should be dismissed for want of prosecution under Rule 329 of the Bombay High Court Rules, 1980.
M/s. Cholamandalam Investment and Finance Company Ltd.
Sunil Vishnu Panchal
Poonam Sunil Panchal
ARIF S. DOCTOR
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
