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Bombay High Court

SUDHA ANURSHETRUversusESSAR OIL LIMITED

Decided
Disposal
DISPOSED OFF

Holding

The Commercial Execution Application was dismissed for non‑prosecution under Rule 329.

Summary

Sudha Anurshetru filed a Commercial Execution Application against Essar Oil Limited in the Bombay High Court. No counsel appeared on behalf of the applicant. The matter was listed for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules, 1980. The Court noted the applicant's non‑appearance and consequently dismissed the application for non‑prosecution. The order was pronounced by Justice Madhav J. Jamdar on 28 January 2026.

Issues considered

  • What is the appropriate consequence when an applicant fails to appear for a commercial execution application?

Legislation cited

Subjects

  • commercial execution
  • dismissal
  • non‑prosecution
  • Bombay High Court
  • Rule 329

Judgment

                                                                     47-COMEX-12-2017.DOC




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

                             COMMERCIAL EXECUTION APPLICATION NO.12 OF 2017


                    Sudha Anurshetru                                    …Applicant
                          Versus
                    Essar Oil Limited                                   …Respondent


       Digitally
       signed by    None for the Applicant.
       SONALI
SONALI MILIND       None for the Respondent.
MILIND PATIL
PATIL  Date:
       2026.01.29
       09:57:05
       +0530
                                             CORAM:     MADHAV J. JAMDAR, J.
                                             DATED:     28th JANUARY 2026
                    PC:-


                    1.        The matter is listed for dismissal under Rule 329 of the

                    Bombay High Court (Original Side) Rules, 1980.



                    2.        None appears for the Applicant.



                    3.        Accordingly,   the   Commercial   Execution   Application     is

                    dismissed for non-prosecution.




                                                                [MADHAV J. JAMDAR, J.]




                                                      Page 1
                    Sonali


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