Created by Fuzzy Cloud

Bombay High Court

KOTAK MAHINDRA BANK LTD.versusPRINCE DIGITAL AND ANR.

Decided
Disposal
DISPOSED OFF

Holding

The Court may, at its discretion, grant leave to withdraw an execution application when no opposition is raised.

Summary

The applicant, Kotak Mahindra Bank Ltd, filed Execution Application No.2446 of 2022 against Prince Digital & Anr. before the High Court of Bombay’s National Lok Adalat. The applicant’s counsel, on instructions, sought leave to withdraw the execution proceedings. No counsel appeared for the respondents and there was no opposition to the withdrawal. The Court, exercising its discretion under procedural rules, granted leave to withdraw the execution application. Consequently, the execution application and any interlocutory applications were ordered disposed 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 filed before the National Lok Adalat.

Subjects

  • execution
  • withdrawal
  • National Lok Adalat
  • court fees

Judgment

Priyanka                               1/2                     18-EXA-2446-2022.doc


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

                 EXECUTION APPLICATION NO.2446 of 2022
 Kotak Mahindra Bank Ltd                            ...Applicant
                    Versus
 Prince Digital & Anr.                              ...Respondents

                                 *********
Ms. Harshada           S. Narkar i/by Ms. Vaishali D. Padale for
Claimant/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.

3.         Leave to withdraw is granted.
Priyanka                                2/2                 18-EXA-2446-2022.doc


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


Continue reading with your account

Sign in to read the full judgment. It’s free.

Sign in to read

Checking your session…

Lawyer court records for this case

Associated through the court’s case reference.

For a signed copy suitable for filing, refer to the court's website.