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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