1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.522 of 2007 In Execution Application No.252 of 2001 In Summary Suit No.6917 of 1999 M/s.IEH Group B.V. .. ..Plaintiff v/s. M/s.Star Scrap Recycling Industry. ..Defendant A n d Union Bank of India. ..Applicant Mr.D.S.Patil i/by Mr.B.B.Parekh for defendant. Mr.Roshan D'Souza i/by M/s.Umesh Shetty & Co. for plaintiff. Mr.Girish Thakur i/by Advani & Co. for applicant. ------ CORAM : SMT.ROSHAN DALVI, J. Dated : 5 th May 2008 P.C. : 1. The plaintiff has obtained the warrant of attachment over the properties of the defendant. The plaintiff is an unsecured creditor. The applicant is a secured creditor. The applicant has a charge/mortgage on the defendant's property. Another bank being Oriental Bank of Commerce also has a similar charge. There is an agreement between the applicant and the Oriental Bank of Commerce to proportionately share the proceeds of the sale of the property of the defendant. 2 The plaintiff agrees to lifting on the warrant of attachment as the plaintiff is an unsecured creditor. 2. The Chamber Summons is, by consent of the plaintiff, made absolute in terms of prayers (c) and (d). [SMT.ROSHAN DALVI, J.]