1 srk IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 94 OF 2009 IN EXECUTION APPLICATION NO. 199 OF 1996 IN APPEAL NO. 633 OF 1991 IN ARBITRATION PETITION NO. 111 OF 1990 IN ARBITRATION SUIT NO. 2031 OF 1988 M/s. Farohar & Co. & Ors. ............................ Claimants Appellants vs Hemant M. Nabar & Ors. ........................... Respondents and Mangirish Co-operative Housing Society Ltd. & Ors. ......................... Additional Respondents and V.A. Shetty & Shetty ................................ Applicant .. Mr. Gaurang Mehta for Claimants Appellants Mr. A.S. Karwande for Applicant Mr. Milind More for Additional Respondents. .. CORAM: A.S.OKA, J DATE: 19th November, 2009 2 P.C. 1 Heard the learned counsel appearing for the applicant in support of the Chamber Summons. A preliminary objection is raised by the contesting parties to the Chamber Summons by contending that the Chamber Summons is not maintainable. 2 The learned counsel appearing for the applicant submits that the Chamber Summons has been filed by invoking the rule 99 of Order XXI of the Code of Civil Procedure, 1908. In view of the statement, this court called upon the learned counsel appearing for the applicant to show averment in the affidavit in support that the applicant has been dispossessed from the flat in question in execution of a decree for the possession of the flat. The learned counsel appearing for the applicant is unable to show such a statement in the affidavit in support. In absence of the any such case being made out, in view of sub-rule 1 of rule 99 of order XXI of the said Code, the Chamber Summons is not maintainable. The Chamber Summons is dismissed only on the ground that it is not maintainable. The remedies of the applicant are kept open. Judge.