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2025 DAILYLAW 77773 (BOM)

SAJJANRAJ P. MUNOT v. VASANT KOTAK AND BROS. AND DHIRENDRA GOVINDJI KOTAK (APPLICANT)

CHS/71/2018 · 2025-11-19

Shri Madhav J Jamdar

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Judgment text

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83-EXA-377-2004.DOC IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION EXECUTION APPLICATION NO.377 OF 2004 Sajjanraj P. Munot …Applicant Versus M/s Vasant Kotak And Bros. …Respondent WITH CHAMBER SUMMONS NO.71 OF 2018 IN EXECUTION APPLICATION NO.377 OF 2004 Sajjanraj P. Munot …Applicant Versus Vasant Kotak And Bros. And Dhirendra Govindji Kotak …Respondents None for the Applicant. Mr. Manish Pradeep Gitay, for the Judgment Debtor. CORAM: MADHAV J. JAMDAR, J. DATED: 19 NOVEMBER 2025 PC:- 1. A learned Single Judge [CORAM: ABHAY AHUJA, J.] has passed the following Order on 19th August 2025 :- “1. None for the Execution Applicant. On 29th July, 2025, the following order was passed:- “1. None for the Execution Applicant. Page 1 Arjun ARJUN VITTHAL KUDHEKAR Digitally signed by ARJUN VITTHAL KUDHEKAR Date: 2025.11.20 12:57:14 +0530 83-EXA-377-2004.DOC 2. Mr. Yamgar, learned Counsel, appearing for the Applicant in the Chamber Summons and Mr. Gitay, learned Counsel, appearing for the Judgment Debtor submit that the Execution Applicant was to take steps to bring on record the heirs of the deceased Plaintiff. However, no steps appear to have been taken. 3. Also since none appears for the Execution Applicant and we are at 5.30 p.m., list on 19th August 2025 on the Supplementary Board. 4. It is made clear that if no steps are taken by the next date, this Court will pass appropriate orders.” 2. Mr. Gitay, learned Counsel appearing for the Judgment Debtor and Mr. Yamgar, learned Counsel for the Applicant in the Chamber Summons have no objection, however, submitting that if on the next date, the Execution Applicant is not represented, this Court may consider dismissing the Application. 3. However, since there is an advisory not to pass any adverse orders in view of heavy rains, list on 22nd September, 2025. 4. It is made clear that if on the next, none appears for the Execution Applicant, this Court will consider dismissing the Application.” 2. Today also none appears for the Execution Applicant. 3. Accordingly, the Execution Application is dismissed for non- prosecution. Page 2 Arjun 83-EXA-377-2004.DOC 4. As the Execution Application is dismissed for non-prosecution, nothing survives in the Chamber Summons and the said Chamber Summons is also disposed of. [MADHAV J. JAMDAR, J.] Page 3 Arjun