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Bombay High Court

DHANI LOANS AND SERVICESversusPRINCY NAYAN GAVANKAR

Decided
Disposal
WITHDRAWN

Holding

The court held that leave to withdraw an execution application may be granted when the parties have settled the dispute.

Summary

Dhani Loans & Services Ltd. filed an execution application before the National Lok Adalat of the Bombay High Court. The parties subsequently settled the dispute, and the applicant’s counsel sought leave to withdraw the execution application. The court considered whether it could grant such leave in light of the settlement. It granted the leave, ordering the execution application to be withdrawn and any interlocutory applications to stand disposed. The court also directed that any court fees, if paid, be refunded as per the applicable rules.

Issues considered

  • Whether leave may be granted to withdraw an execution application after the parties have settled the dispute

Subjects

  • execution
  • withdrawal
  • settlement
  • National Lok Adalat
  • Civil Procedure

Judgment

                                           1/1               9-EXA-462-2023 (OS).DOC



                 IN THE HIGH COURT OF JUDICATURE AT BOMBAY
                       BEFORE THE NATIONAL LOK ADALAT
                    ORDINARY ORIGINAL CIVIL JURISDICTION
                   EXECUTION APPLICATION NO. 462 OF 2023
Dhani Loans And Services                                                ...Applicant
        Versus
Princy Nayan Gavankar                                                   ...Respondent
                                       _______
Ms. Meghana Milind Murudkar i/b. Adv. Vidhi Ajaykumar Shah for the
Applicant.
Mr. Deepak Devidas Bansode authorised representative of applicant Company
present in Court (Dhani Loans & Services Ltd.)
                                   _______

                                    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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