Bombay High Court
MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTDversusISSAC ANTHONY 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The execution application may be withdrawn with liberty to file a fresh application, subject to the law of limitation.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 Isaac Anthony & Anr. The application was listed for dismissal under Rule 329 of the Bombay High Court Rules. The applicant's counsel sought a adjournment, which was granted, and subsequently requested withdrawal of the execution application with liberty to file a fresh one. The Court allowed the withdrawal and ordered the application to be disposed of, subject to the applicable law of limitation. No substantive merits of the execution were addressed.
Issues considered
- Whether an execution application may be withdrawn with liberty to file a fresh application under the procedural rules
- Whether such withdrawal is permissible subject to the law of limitation
Subjects
- execution
- withdrawal
- law of limitation
- Rule 329
- Bombay High Court
Judgment
923-EXA-249-2017.DOC
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO.249 OF 2017
Mahindra and Mahindra Financial Services …Applicant
Limited
Versus
Issac Anthony & 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
09:57:04
+0530
CORAM: MADHAV J. JAMDAR, J.
DATED: 28th JANUARY 2026
PC:-
1. This Execution Application was listed on board on 21 st 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
923-EXA-249-2017.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withdrawn and disposed of as such with liberty as sought, subject to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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