Tata Capital Limited vs Jitendra Magan Tamkhane — Bombay HC (2025) — LawSathi Research

Tata Capital Limited vs Jitendra Magan Tamkhane — Bombay HC (2025) — LawSathi Research

What the court decided

AI extract

Outcome

Interim Applications Nos. 170 and 242 of 2025 permitted to be withdrawn and stand disposed of as withdrawn (matters settled). In the remaining matters, time granted to serve the respondents, with service by the next date and an Affidavit of Service to be filed; Execution Applications (on lodging number) to have objections removed and registered numbers obtained within two weeks, failing which the Execution Applications and consequently the Interim Applications would stand dismissed. Matters listed subject to the above on 5th August 2025.

Issue for consideration

Whether the Court should permit withdrawal of Interim Applications Nos. 170 and 242 of 2025, which have been settled. +1 more

Court's answer

Interim Application No. 170 of 2025 and Interim Application No. 242 of 2025 stand disposed of as withdrawn, the applicant having settled those matters.

Ratio / Principle

Time granted for service on the respondents in the remaining matters; service to be effected by the next date and an appropriate Affidavit of Service to be filed.

Key takeaways

Objections to the Execution Applications are to be removed and registered numbers obtained within a period of two weeks.ratio¶67
Failing removal of objections within two weeks, the Execution Applications to stand dismissed without further reference to the Court; as a consequence, the Interim Applications would also stand dismissed.ratio¶67

Detailed headnote1 paragraphs

Bombay High Court (Ordinary Original Civil Jurisdiction), Abhay Ahuja, J., 23 June 2025 - Batch of nine interim applications (I.A. Nos. 170, 171, 173, 174, 175, 176, 177, 241 and 242 of 2025) filed by Tata Capital Limited, Decree Holder, in Execution Applications against Raviraj B. Kawade, Viva International & Anr., Ajay Ambadas Rathod, Suraj C. Tiwari & Anr., Dinesh P. Ranawat, Shetty Apurva, Nagi Engineering & Anr., Jitendra M. Tamkhane and Veer R. Vikram; none appeared for the respondents. I.A. Nos. 170 and 242 of 2025, having been settled, were permitted to be withdrawn and stand disposed of as withdrawn. In the remaining matters, time was granted to serve the respondents, service to be effected by the next date with an Affidavit of Service. The Execution Applications being on lodging number, objections were to be removed and registered numbers obtained within two weeks, failing which the Execution Applications, and consequently the interim applications, would stand dismissed without further reference to the Court. Listed subject to the above on 5th August 2025.

ia 170-25doc

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

INTERIM APPLICATION NO. 170 OF 2025 IN

EXECUTION APPLICATION (L) NO. 37912 OF 2024

Tata Capital Limited

...Applicant/Decree Holder

V/s.

Raviraj B. Kawade ...Respondent

WITH INTERIM APPLICATION NO. 242 OF 2025 IN EXECUTION APPLICATION NO. 3454 OF 2024

Tata Capital Limited ...Applicant/Decree Holder

V/s.

Viva International & Anr.

...Respondents

WITH INTERIM APPLICATION NO. 171 OF 2025 IN EXECUTION APPLICATION (L) NO. 36633 OF 2024

Tata Capital Limited ...Applicant/Decree Holder

V/s.

Ajay Ambadas Rathod

...Respondent

WITH INTERIM APPLICATION NO. 173 OF 2025 IN EXECUTION APPLICATION (L) NO. 36697 OF 2024

Tata Capital Limited

...Applicant/Decree Holder

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ia 170-25doc

V/s.

Suraj C. Tiwari & Anr. ...Respondents

WITH INTERIM APPLICATION NO. 174 OF 2025 IN

EXECUTION APPLICATION (L) NO. 36715 OF 2024

Tata Capital Limited ...Applicant/Decree Holder

V/s.

Dinesh P. Ranawat ...Respondent

WITH INTERIM APPLICATION NO. 241 OF 2025 IN EXECUTION APPLICATION (L) NO. 36707 OF 2024

Tata Capital Limited ...Applicant/Decree Holder

V/s.

Shetty Apurva ...Respondent

WITH INTERIM APPLICATION NO. 175 OF 2025 IN EXECUTION APPLICATION (L) NO. 36693 OF 2024

Tata Capital Limited ...Applicant/Decree Holder

V/s.

Nagi Engineering & Anr. ...Respondents

WITH INTERIM APPLICATION NO. 176 OF 2025 IN

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ia 170-25doc

EXECUTION APPLICATION (L) NO. 36712 OF 2024

Tata Capital Limited

...Applicant/Decree Holder

V/s.

Jitendra M. Tamkhane

...Respondent

WITH

INTERIM APPLICATION NO. 177 OF 2025 IN

EXECUTION APPLICATION (L) NO. 36024 OF 2024

Tata Capital Limited

...Applicant/Decree Holder

V/s.

Veer R. Vikram ...Respondent

Mr. Aniket Patil, Advocate for the Applicant/Decree Holder. None for the Respondents.

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

P.C. :

Mr. Patil, learned Counsel appears for the Applicant and submits

that since Interim Application No. 170 of 2025 and Interim Application No. 242 of 2025 have been settled, this Court may permit withdrawal of the same.

Accordingly, Interim Application No. 170 of 2025 and Interim Application No. 242 of 2025 stand disposed of as withdrawn.

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Laxmi

ia 170-25doc

As regards the other matters, Mr. Patil submits that some more

time be granted to serve the Respondents.

Let service be effected by the next date and an appropriate Affidavit of service 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 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, list on 5^th August 2025 .

(ABHAY AHUJA, J.)

LAXMI SUBHASH SONTAKKE

Digitally signed by LAXMI SUBHASH SONTAKKE Date: 2025.06.24 20:18:03 +0530

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Laxmi