The single judge of the Bombay High Court dismissed two execution applications for inactivity as the respondents had remained absent for twelve months without issuing any instructions to the applicants.
Both Execution Applications No. 256 of 2019 and No. 676 of 2019 are dismissed under Rule 329 of the Bombay High Court (Original Side) Rules, 1980.
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.
1 1 exa 256-19 and 2-os.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.256 OF 2019
Reliance Commercial Finance Limited… Applicant
Vs.
Mandvakar Travels and anr.… Respondents
AND
EXECUTION APPLICATION NO.676 OF 2019
Yes Bank Limited … Applicant
Vs.
Shambhu Govardhan Badgujar… Respondent
Ms. Bijal Gogri i/by M/s GNP Legal, Advocate for the Applicants.
None for the Respondents.
-------
CORAM :ABHAY AHUJA, J.
DATE :11 MARCH, 2024.
P.C.:
1. Ms. Bijal Gogri, learned counsel appears for the Applicants and
submits that no instructions have been received despite the passing of
twelve months from the date of filing of the Execution Applications and
this Court may pass appropriate orders.
Digitally signed by PRIYARAJESHSOPARKAR PRIYA RAJESHSOPARKARDate:2024.03.12 14:43:07 +0530
2. It is not in dispute that 12 months have elapsed from the date of filing of the Execution Applications.
1 of 2
Priya R. Soparkar
2 1 exa 256-19 and 2-os.doc
3. Accordingly, Applications are dismissed under Rule 329 of the
Bombay High Court (Original Side) Rules, 1980.
(ABHAY AHUJA, J.)
2 of 2
Priya R. Soparkar
2 issues framed by the court
Whether execution applications filed twelve months ago are liable to be dismissed for inactivity.
What action should be taken when no instructions are received from the applicants for twelve months on an execution application
1 provisions across 1 enactments
Reliance Commercial Finance Limited
Mandvakar Travels and anr.
Yes Bank Limited
Shambhu Govardhan Badgujar
Abhay Ahuja
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court