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Bombay High Court

KOTAK MAHINDRA BANK LIMITEDversusKUNDAN CHEM AND ANR

Decided
Disposal
DISPOSED OFF

Holding

The Court granted leave to withdraw the execution application and ordered its disposal.

Summary

The applicant, Kotak Mahindra Bank Ltd, filed an execution application before the National Lok Adalat of the Bombay High Court. The applicant, through counsel Nilesh Bakshi (by Bhupendra Mishra), sought leave to withdraw the execution application. No counsel appeared for the respondents. The Court, exercising its discretion under procedural rules, granted the leave to withdraw and ordered the execution application to be disposed of. Consequently, any interlocutory applications were also deemed disposed, and the Court directed that any court fees paid be refunded as per the applicable rules.

Issues considered

  • Whether the Court may grant leave to withdraw an execution application filed before the National Lok Adalat.

Subjects

  • execution
  • withdrawal
  • National Lok Adalat
  • court fees
  • procedural discretion

Judgment

Priyanka                               1/2                     14-EXA-1092-2022.doc


            IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                  BEFORE THE NATIONAL LOK ADALAT
                ORDINARY ORIGINAL CIVIL JURISDICTION

                 EXECUTION APPLICATION NO.1092 of 2022


 Kotak Mahindra Bank Ltd                            ...Applicant
                    Versus
 Kundan Chem & Anr                                  ...Respondents

                           *********
Mr. Nilesh Bakshi i/by Mr. Bhupendra Mishra, Advocate for the
Applicant.
None for the Respondents.

                                   *********

                    CORAM :         KAMAL KHATA, J.,
                                    HEAD OF THE PANEL

                                    Dr. M. S. DESHPANDE,
                                    REGISTRAR (JUDICIAL-II), MEMBER

                                    NITIN C. PAWAR,
                                    COURT RECEIVER, 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.
Priyanka                                2/2                 14-EXA-1092-2022.doc


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 fees, if any, as per rules.




  (NITIN C. PAWAR)    (Dr. M. S. DESHPANDE)              (KAMAL KHATA, J.)
Court Receiver, Member Registrar (Judicial-II)            Head of the Panel
                              Member


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