Dismissed

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

Bombay HC9 Jan 2024EXA/945/2019

Case brief

AI extract

What is this about?

This High Court order dismissed multiple execution applications filed in 2019 for want of prosecution under Rule 329 of the Bombay High Court Rules, 1980, as no steps were taken by decree holders for twelve months and none appeared to show cause.

What did the court decide?

Execution applications were dismissed in terms of Rule 329 of the Bombay High Court (Original Side) Rules, 1980 for want of prosecution.

Edelweiss Retail Finance Ltd. Vs S. K. Enterprises… — Execution and Attachment | Bombay HC (2024)

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Digitally signed by LAXMIKANT LAXMIKANT GOPAL GOPAL CHANDAN CHANDAN Date: 2024.01.10 10:15:51 +0530

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1 (26) EXA-714.19&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.714 OF 2019

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Bajaj Finance Ltd. : Claimant. Vs. Pramesh Sindhwad : Respondent.

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WITH

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EXECUTION APPLICATION NO.715 OF 2019

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Bajaj Finance Ltd. : Claimant. Vs. Ibrahim H Bilakhia : Respondent.

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WITH

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EXECUTION APPLICATION NO.718 OF 2019

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Bajaj Finance Ltd. : Claimant. Vs. Mohanlal M Barot : Respondent.

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WITH

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EXECUTION APPLICATION NO.719 OF 2019

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Ujjwal Textiles : Claimant/Plaintiff Vs. Shree Ram Trading Company Proprietor Ashish Rai : Respondent/Defendant

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1 of 4

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LGC

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2 (26) EXA-714.19&ors.doc

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WITH

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EXECUTION APPLICATION NO.872 OF 2019

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M/s. Shriram Transport Finance Co. Ltd.: Claimant.

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Vs.

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Hemant Brahmadev Yadav & Anr. : Respondents.

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WITH

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EXECUTION APPLICATION NO.875 OF 2019

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Edelweiss Retail Finance Ltd. : Decree Holder. Vs. Danco Enterprises India (P) Ltd and others : Judgment Debtors

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WITH

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EXECUTION APPLICATION NO.945 OF 2019

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Edelweiss Retail Finance Limited : Decree Holder Vs. S. K. Enterprises and anr. : Judgment Debtors.

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WITH

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EXECUTION APPLICATION NO.1082 OF 2019

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Gati Kintetsu Express Pvt. Ltd. : Claimant. Vs. Planet Design Pvt. Ltd. : Respondent.

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2 of 4

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LGC

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3 (26) EXA-714.19&ors.doc

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WITH

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EXECUTION APPLICATION NO.1143 OF 2019

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Rakesh Trading Co. : Claimant/Plaintiff Vs. Status Fashion : Respondent/Defendant. WITH EXECUTION APPLICATION NO.1225 OF 2019 Cholamandalam Investment and Finance Company Limited : Claimant. Vs. Nisarahmed Amrullah Kasar & Anr. : Respondents.

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None for the Claimants/Decree Holders.

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----CORAM : ARIF S. DOCTOR, J. DATE : 09th JANUARY 2024

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P.C. :

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These matters were on board today for dismissal under Rule 329

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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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3 of 4

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LGC

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4 (26) EXA-714.19&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 2019 and given that despite the passage of over four 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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4 of 4

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LGC

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

Case brief

What is this about?

What did the court decide?

Edelweiss Retail Finance Ltd. v. S. K. Enterprises 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

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