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Bombay High Court

MAHINDRA AND MAHINDRA FINANCIAL SERVICES LTDversusSHAKIR SHABIR KHAN AND ANR

Decided
Disposal
DISPOSED OFF

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The execution application may be withdrawn with liberty to file a fresh application, subject to the law of limitation.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 Shakir Shabir Khan & Anr. 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 bar applied. It allowed the withdrawal and ordered the application to be disposed of, subject to the law of limitation.

Issues considered

  • Whether an execution application may be withdrawn with liberty to file a fresh application.
  • Whether the withdrawal is barred by the law of limitation.

Subjects

  • execution
  • withdrawal
  • law of limitation
  • civil procedure
  • Bombay High Court

Judgment

                                                                      925-EXA-251-2017.DOC




                              IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                                  ORDINARY ORIGINAL CIVIL JURISDICTION

                                  EXECUTION APPLICATION NO.251 OF 2017


                    Mahindra and Mahindra Financial Services             …Applicant
                    Limited
                          Versus
                    Shakir Shabir Khan & 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
       09:57:05
       +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.




                                                     Page 1
                    Sonali
                                               925-EXA-251-2017.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.]




                              Page 2
Sonali


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