Bombay High Court
MAHINDRA AND MAHINDRA FINANCIAL SERVICES LIMITEDversusABHISHEK JETHALAL SANGHAVI AND ANR
- Decided
- Disposal
- DISPOSED OFF
- Bench
- MADHAV JAMDAR
Holding
The execution application may be withdrawn with liberty to file a fresh application, subject to the law of limitation.
Summary
Mahindra and Mahindra Financial Services Ltd filed an execution application against Abhishek Jethalal Sanghavi and another. The application was listed for dismissal under Rule 329 of the Bombay High Court Rules. The applicant's counsel first sought a adjournment, which was granted, and later moved to withdraw the execution application with liberty to file a fresh one. The Court considered whether such withdrawal was permissible and whether any limitation period would bar a fresh filing. It held that the application could be withdrawn and the parties were given liberty to file a fresh execution application, subject to the applicable law of limitation. Consequently, the execution application was withdrawn and disposed of.
Issues considered
- Whether an execution application pending before the High Court can be withdrawn with liberty to file a fresh application.
- Whether the law of limitation applies to the filing of a fresh execution application after withdrawal.
Subjects
- execution
- withdrawal
- limitation
- civil procedure
- High Court
Judgment
919-EXA-168-2017.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.168 OF 2017
Mahindra and Mahindra Financial Services …Applicant
Limited
Versus
Abhishek Jethalal Sanghavi & Anr. …Respondents
Digitally
signed by
SONALI
SONALI MILIND Ms. Priya Rita i/b. Disha Karambar & Associates, for the Applicant.
MILIND PATIL
PATIL Date:
2026.01.29
09:57:03
+0530
CORAM: MADHAV J. JAMDAR, J.
DATED: 28th JANUARY 2026
PC:-
1. This Execution Application was listed on board on 21st January
2026 under the caption of “dismissal” under Rule 329 of the Bombay
High Court (Original Side) Rules, 1980.
2. On 21st January 2026, Ms. Priya Rita, learned Counsel
appearing for the Applicant has sought time and therefore, time has
been granted till 28th January 2026.
3. Today, Ms. Priya Rita, learned Counsel appearing for the
Applicant seeks withdrawal of the Execution Application with liberty
to file a fresh Execution Application.
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Sonali
919-EXA-168-2017.DOC
4. Accordingly, the Execution Application is allowed to be
withdrawn and disposed of as such with liberty as sought, subject to
law of limitation.
[MADHAV J. JAMDAR, J.]
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Sonali
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