Aditya Birla Finance Limited vs Ansar Mahammed — Bombay HC (2025) — LawSathi Research

Aditya Birla Finance Limited vs Ansar Mahammed — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Procedural directions issued rather than final disposal: objections to the Execution Applications to be removed and registered numbers obtained within two weeks, failing which the Execution Applications and, as a consequence, the Interim Applications would stand dismissed; subject thereto and to a physical affidavit of service, listed on 5 August 2025.

Issue for consideration

Whether the Execution Applications, being on lodging number, would stand dismissed if objections are not removed and registered numbers are not obtained within two weeks, and whether the Interim Applications would consequently also stand dismissed.

Court's answer

If objections to the Execution Applications are not removed and registered numbers obtained within two weeks, the Execution Applications shall stand dismissed without further reference to the Court, and the Interim Applications shall stand dismissed as a consequence.

Ratio / Principle

Subject to removal of objections and to furnishing a physical affidavit of service clearly indicating service to the Respondents, the matters are to be listed on 5 August 2025.

Detailed headnote1 paragraphs

Bombay High Court, Ordinary Original Civil Jurisdiction (Abhay Ahuja, J.), 23 June 2025. Five Interim Applications by Aditya Birla Finance Limited (in Execution Application (L) Nos. 2068, 2121 (Commercial), 5644, 5630 of 2025 and Execution Application No. 503 of 2025) against Ansar Mahammed & Ors., Md. Moinuddin Ansari & Ors., Boopathi Pattappan & Ors., Purna Suna & Ors. and Mohammad Moin & Ors. respectively. The Execution Applications are on lodging number. Counsel (Ms. Tikshita Modi) reported service effected on all Respondents; none appeared for the Respondents. Directions: objections to be removed and registered numbers obtained within two weeks, failing which the Execution Applications would stand dismissed without further reference to the Court and the Interim Applications dismissed as a consequence; subject to furnishing a physical affidavit of service clearly indicating service to the Respondents, listed on 5 August 2025. No substantive legal point decided; no statute or precedent cited.

75 ia 1317-25.doc

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

INTERIM APPLICATION NO. 1317 OF 2025 IN

EXECUTION APPLICATION (L) NO. 2068 OF 2025

Aditya Birla Finance Limited ...Applicant

V/s.

Ansar Mahammed & Ors. ...Respondents

WITH INTERIM APPLICATION NO. 2631 OF 2025 IN

COMMERCIAL EXECUTION APPLICATION (L) NO. 2121 OF 2025

Aditya Birla Finance Limited ...Applicant

V/s.

Md. Moinuddin Ansari & Ors. ...Respondents

WITH INTERIM APPLICATION NO. 825 OF 2025 IN

EXECUTION APPLICATION (L) NO. 5644 OF 2025

Aditya Birla Finance Limited ...Applicant

V/s.

Boopathi Pattappan & Ors. ...Respondents

LAXMI SUBHASH SONTAKKE

Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2025.06.24 19:46:15 +0530

WITH INTERIM APPLICATION NO. 824 OF 2025 IN EXECUTION APPLICATION NO. 503 OF 2025

Aditya Birla Finance Limited ...Applicant

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75 ia 1317-25.doc

V/s.

Purna Suna & Ors.

...Respondents

WITH INTERIM APPLICATION NO. 822 OF 2025 IN

EXECUTION APPLICATION (L) NO. 5630 OF 2025

Aditya Birla Finance Limited ...Applicant

V/s.

Mohammad Moin & Ors. ...Respondents

MS. Tikshita Modi, Advocate for the Applicant. None for the Respondents.

CORAM : ABHAY AHUJA, J. DATE : JUNE 23, 2025

P.C. :

Ms. Modi, learned Counsel appears for the Applicant in all the matters listed on this serial number and submits that service has been effected to all the Respondents and that the Affidavit of service would be filed.

It is observed that the Execution Applications are on lodging number. Let objections to the Execution Applications be removed and registered number be obtained within a period of two

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75 ia 1317-25.doc

weeks, failing which, the Execution Applications to stand dismissed without further reference to this Court. As a consequence of the dismissal of the Execution Applications, the Interim Applications would also stand dismissed.

Subject to the above and subject to furnishing physical Affidavit of service clearly indicating service to the Respondents, list on

5^th August 2025 .

(ABHAY AHUJA, J.)

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Laxmi