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Bombay High Court

KOTAK MAHINDRA BANK LTDversusJMD INFOTECH AND 2 ORS

Decided
Disposal
DISPOSED OFF

Holding

Leave to withdraw the execution application was granted.

Summary

The applicant, Kotak Mahindra Bank Ltd, filed an execution application which was listed before the National Lok Adalat. The applicant's counsel sought leave to withdraw the execution application. The court considered the request and, exercising its inherent powers, granted leave to withdraw. Consequently, the execution application was disposed of, and any interlocutory applications were also deemed disposed. The court directed that any court fees paid be refunded as per the rules.

Issues considered

  • Whether the court may grant leave to withdraw an execution application pending before the National Lok Adalat

Subjects

  • execution
  • withdrawal
  • civil procedure
  • national lok adalat

Judgment

Priyanka                                   1/2                        3-EXA-39-2021.doc


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

                      EXECUTION APPLICATION NO.39 of 2021
 Kotak Mahindra Bank Ltd                               ...Applicant
     Versus
 Jmd Infotech & Ors.                                    ...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                  3-EXA-39-2021.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


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