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Bombay High Court

HDB FINANCIAL SERVICES LIMITEDversusHARISHCHANDRA SUBODH PARAB

Decided
Disposal
WITHDRAWN

Holding

The Court may, at its discretion, allow the withdrawal of an execution application when the parties have settled the matter.

Summary

HDB Financial Services Ltd filed an execution application against Harishchandra Subodh Parab. The parties subsequently settled the dispute, and the applicant’s counsel sought leave to withdraw the execution application before the National Lok Adalat. The Court, exercising its discretion, granted the request to withdraw, thereby disposing of the execution application and any interlocutory applications. The Court also directed that any court fees, if paid, be refunded as per the rules. The matter was thus concluded without further adjudication on the merits.

Issues considered

  • Whether the Court may grant leave to withdraw an execution application after the parties have settled the dispute.

Subjects

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

Judgment

                                           1/1              79-EXA-2265-2024 (OS).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BEFORE THE NATIONAL LOK ADALAT
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                  EXECUTION APPLICATION NO. 2265 OF 2024
HDB Financial Services Limited                                          ...Applicant
        Versus
Harishchandra Subodh Parab                                              ...Respondent
                                       _______
Mr. Padmakar Garad (V.C.) i/by S. G. Legal & Associates for the Applicant.
Mr. Rupesh Kadam Authorised representative of Applicant company present in
Court (HDB Financial Services).
                                       _______

                                    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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