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Bombay High Court

SHRIRAM FINANCE LIMITED (FORMERLY KNOWN AS SHRIRAM TRANSPORT FINANCE COMPANY LIMITED)versusPALGHAR GOLDEN TRANSPORT SERVICE

Decided
Disposal
WITHDRAWN

Holding

The Court may grant leave to withdraw an execution application when the parties have settled the dispute.

Summary

Shriram Finance Limited filed an execution application against Palghar Golden Transport Service. The applicant, through counsel, sought leave to withdraw the application on the ground that the dispute had been settled. The matter was listed before the National Lok Adalat, which has the authority to entertain applications for withdrawal. The Court, after considering the request, granted leave to withdraw the execution application. Consequently, the execution application and any interlocutory applications were disposed of, and the Court directed refund of any court fees as per the rules.

Issues considered

  • Whether the Court may grant leave to withdraw an execution application under the provisions of the Code of Civil Procedure when the parties have settled the dispute

Subjects

  • execution
  • withdrawal
  • National Lok Adalat
  • civil procedure
  • settlement

Judgment

                                               1/1              41-EXA-1059-2024 (OS).DOC



                    IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                           BEFORE THE NATIONAL LOK ADALAT
                        ORDINARY ORIGINAL CIVIL JURISDICTION
                      EXECUTION APPLICATION NO. 1059 OF 2024
Shriram Finance Limited (formerly Known
As Shriram Transport Finance Company Limited)                               ...Applicant
        Versus
Palghar Golden Transport Service                                            ...Respondent
                                           _______
Mr. Abhishek Manoj Kamble advocate for the Applicant .
Mr. Sunil Mishra, Authorized representative present in Court (Shriram Finance).
                                  _______

                                        CORAM :          ARIF S. DOCTOR, J.,
                                                         HEAD OF THE PANEL

                                                         M. S. KULKARNI, REGISTRAR
                                                         (PERSONNEL), MEMBER

                                                         S. S. CHOPDA,
                                                         DEPUTY REGISTRAR, MEMBER

                                        DATE         :   14th MARCH, 2026

P.C.

1.          This matter is listed before National Lok Adalat.

2.          The learned counsel for the Applicant, on instructions, seeks leave to

withdraw the Execution Application as the matter has been settled.

3.          Leave to withdraw is granted.

4.          In view of disposal of the Execution Application, Interlocutory

Applications, if any, shall stand disposed of.

5.          Refund of Court fess, if any, as per rules.



 (S. S. CHOPDA)                    (M. S. KULKARNI)                 ( ARIF S. DOCTOR, J.)
(Deputy Registrar)                Registrar (Personnel)              (Head of the Panel)



Mandar M.


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