Bombay High Court
INDUSIND BANK LTD.versusARPAN CONSTRUCTION AND ANRS
- Decided
- Disposal
- DISMISSED
- Bench
- ABHAY AHUJA
Holding
The execution applications are to be dismissed for want of prosecution under Rule 329 unless steps are taken within four weeks.
Summary
The High Court listed a large number of execution applications filed in 2023 for dismissal under Rule 329 of the Bombay High Court (Original Side) Rules, 1980. The applications had seen no prosecutorial activity for twelve months from the date of filing. Accordingly, the Prothonotary and Senior Master placed the matters before the Judge for dismissal for want of prosecution. The Court reiterated the provision of Rule 329, which mandates dismissal where an application remains inactive for the prescribed period. The Judge ordered that unless the parties take steps within four weeks of the order, the execution applications will be dismissed and treated as disposed, with no further listing before any court.
Issues considered
- Whether execution applications that have remained inactive for twelve months should be dismissed for want of prosecution under Rule 329 of the Bombay High Court (Original Side) Rules, 1980.
Legislation cited
- Bombay High Court (Original Side) Rules, 1980 — s. Rule 329
Subjects
- execution
- dismissal
- want of prosecution
- Rule 329
- civil procedure
- Bombay High Court
Judgment
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THE HIGH COURT OF JUDICATURE AT BOMBAY
ORDINARY ORIGINAL CIVIL JURISDICTION
EXECUTION APPLICATION NO. 682 OF 2023
Roopam Tex ...Applicant
Vs.
Mugdha and Ors. ...Respondents
AND
EXECUTION APPLICATION NO. 683 OF 2023
Yes Bank Ltd. ...Applicant
Vs.
Sumit Jaiswal ...Respondent
AND
EXECUTION APPLICATION NO. 684 OF 2023
Shriram Finane Limited ...Applicant
Vs.
Yogesh Bharat Ganatra ...Respondent
AND
EXECUTION APPLICATION NO. 685 OF 2023
Shriram Finance Limited ...Applicant
Vs.
Darwin Devraj Nadar ...Respondent
AND
EXECUTION APPLICATION NO. 688 OF 2023
Bajaj Finance Ltd. ...Applicant
Vs.
Subramanian Chettiar ...Respondent
AND
EXECUTION APPLICATION NO. 689 OF 2023
Bajaj Finance Ltd ...Applicant
Vs.
Prabhakar Shriram Kadam ...Respondent
AND
EXECUTION APPLICATION NO. 721 OF 2023
Dhani Loans and Services Limited ...Applicant
Vs.
Digitally Himalaya Timber Mart ...Respondent
signed by
NIKITA
NIKITA YOGESH AND
YOGESH GADGIL
GADGIL Date: EXECUTION APPLICATION NO. 722 OF 2023
2026.02.20
18:42:46
+0530 Dhani Loans and Services Ltd. ...Applicant
Vs.
Nikita Gadgil 1/4
9 to 28.doc
Amarnath Prajapati ...Respondent
AND
EXECUTION APPLICATION NO. 725 OF 2023
Dhani Loans and Services Ltd. ...Applicant
Vs.
Rajesh Gopal Salian ...Respondent
AND
EXECUTION APPLICATION NO. 753 OF 2023
Kotak Mahindra Prime Ltd. ...Applicant
Vs.
Mithun T. Nahak ...Respondent
AND
EXECUTION APPLICATION NO. 754 OF 2023
Yes Bank Ltd. ...Applicant
Vs.
Bhagwan Baban Gaikwad ...Respondent
AND
EXECUTION APPLICATION NO. 755 OF 2023
Kotak Mahindra Prime Ltd. ...Applicant
Vs.
Jagdish Venkappa Gujaran ...Respondent
AND
EXECUTION APPLICATION NO. 756 OF 2023
Kotak Mahindra Prime Ltd. ...Applicant
Vs.
Mansi Patel ...Respondent
AND
EXECUTION APPLICATION NO. 757 OF 2023
Kotak Mahindra Prime Ltd. ...Applicant
Vs.
Sheenath Vishwambran Charakan ...Respondent
AND
EXECUTION APPLICATION NO. 758 OF 2023
Yes Bank Limited ...Applicant
Vs.
Rangoli Lal ...Respondent
AND
EXECUTION APPLICATION NO. 759 OF 2023
Dhani Loans and Services ...Applicant
Vs.
V. A. Enterprises Thr its Proprietor ...Respondent
Nikita Gadgil 2/4
9 to 28.doc
AND
EXECUTION APPLICATION NO. 760 OF 2023
Dhani Loans and Services Ltd. ...Applicant
Vs.
Radiant Through its Proprietor ...Respondent
AND
EXECUTION APPLICATION NO. 841 OF 2023
Tata Capital Financial Services Ltd. ...Applicant
Vs.
M. M. Enterprises and Ors. ...Respondents
AND
EXECUTION APPLICATION NO. 845 OF 2023
HDB Financial Services Ltd. ...Applicant
Vs.
Pramod P. Verma ...Respondent
AND
EXECUTION APPLICATION NO. 848 OF 2023
Indusind Bank Ltd. ...Applicant
Vs.
Arpan Construction and Anr. ...Respondents
None present.
CORAM : ABHAY AHUJA, J.
DATE : 20th FEBRUARY, 2026
P.C. :
1. These matters have been listed under the caption for dismissal
under Rule 329 of the Bombay High Court (Original Side) Rules, 1980.
The said rule is usefully quoted as under :
“329. Non-prosecution of application for execution When a
party does not proceed with the application for execution for
a period of twelve months from the date of the filing of
application, the Prothonotary and Senior Master shall place
the application before the Judge in Chambers for dismissal
for want of prosecution. The Judge may pass such orders
thereon as he may think fit.”
Nikita Gadgil 3/4
9 to 28.doc
2. Since no steps have been taken for a period of twelve months
from the date of filing of the Applications, the Prothonotary & Senior
Master has placed these Applications before this Court for dismissal for
want of prosecution.
3. Accordingly, unless steps are taken within a period of four weeks
from the date of this order, the Execution Applications to stand
dismissed without further reference to this Court and to be treated as
disposed and never to be listed before any Court.
(ABHAY AHUJA, J.)
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