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Bombay High Court

GANESH BENZOPLAST LTD. AND ANR.versusDALVI DEVELOPMENT PRIVATE LIMITED AND 3 ORS

Decided
Disposal
WITHDRAWN

Holding

The court allowed the withdrawal of the interim application and granted liberty to file a fresh application.

Summary

In an execution proceeding (Execution Application No. 1349 of 2012), the applicants filed an interim application seeking its withdrawal and liberty to file a fresh application. The court examined the request and found no impediment to allowing the withdrawal. Consequently, the court disposed of the interim application as withdrawn. It also granted the applicants liberty to file a new application in the future. No substantive issues on the merits of the execution were addressed.

Issues considered

  • Whether the interim application may be withdrawn and liberty be granted to file a fresh application?

Subjects

  • interim application
  • withdrawal
  • execution proceedings
  • civil procedure
  • liberty to file fresh application

Judgment

                                                                                  49 Ia-4317-2026.doc




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

                                   INTERIM APPLICATION NO. 4317 OF 2026
                                                   IN
                                  EXECUTION APPLICATION NO. 1349 OF 2012

                       Ganesh Benzoplast Ltd. And
                       Anr.                                                ...Applicants

                                    Vs.

                       Dalvi Development Private Limited
                       and 3 Ors.                                        ...Respondents
                                                      *****
                       Adv. Viral Dilip Shukla a/w Adv. Advocate for the Applicants
                       Priti Shukla, Adv. Rudra M. Dani
                       i/by Shukla and Associates
                       Adv. Ayush Ponde (VC)              Advocate for the Respondent
                                                       *****
                                           CORAM :        S. M. MODAK, J.

                                           DATE    :     02nd SEPTEMBER 2026

                       P. C. :-

                       1.      On the basis of subsequent events, learned advocate for the

                       Applicants seeks withdrawal of the application and praying liberty to

                       file a fresh application.

                       2.      The Interim Application is disposed of as withdrawn with

                       liberty as prayed for.


          Digitally
                                                             [S. M. MODAK, J.]
          signed by
SEEMA     SEEMA
          KSHITIJ
KSHITIJ   YELKAR
          Date:
YELKAR    2026.09.03
          12:06:36
          +0530

                       Seema                                                                    1/1


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