Execution applications filed in 2017 by decree holders, pending with no steps taken for over seven years, were dismissed by the court under Rule 329 of the Bombay High Court (Original Side) Rules for want of prosecution, as none appeared to show cause.
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 LAXMIKANT by LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.04.05 14:02:35 +0530
1 (16-to-19) EXA-555.17&ors.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.555 OF 2017
Mahindra and Mahindra Financial
Services Ltd. : Claimants
Vs.
Rosha Pramod Das and anr. : Respondents.
WITH
EXECUTION APPLICATION NO.695 OF 2017 WITH EXECUTION APPLICATION NO.707 OF 2017 WITH
EXECUTION APPLICATION NO.709 OF 2017
None for the Claimants.
CORAM : ARIF S. DOCTOR, J. DATE : 04th APRIL 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 (Original Side) Rules, 1980 provides as follows;
1 of 2
LGC
2 (16-to-19) EXA-555.17&ors.doc
“ 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.)
2 of 2
LGC
1 issue framed by the court
Whether execution applications pending without steps for twelve months should be dismissed under Rule 329 of the Original Side Rules.
1 provisions across 1 enactments
Mahindra and Mahindra Financial Services Ltd.
Rosha Pramod Das
Rosha Pramod Das and anr.
Arif S. Doctor
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
