1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.2095 OF 2007 IN EXECUTION APPLICATION NO.48 OF 2008 IN SUIT NO.1563 OF 1983 The Board of Trustees of the Port of Bombay. ...Plaintiff. Vs. M/s. Vipan Silk Mills & Anr. ...Defendants. And Mr.Vipan Kumar Sehgal & Ors. ...Respondents. .... Ms.Preeti Shah i/b. Motiwala & Co. for the Plaintiff. None for the Defendants. None for the Respondents. ..... CORAM : DR.D.Y.CHANDRACHUD, J. June 22, 2009. P.C. The Chamber Summons has been taken out by the Plaintiff under Order 21 Rule 50(2) of the Code of Civil Procedure, 1908, in order to seek leave to execute the decree that was passed on 19th November 2003 against the First Defendant, on the property and assets of the Respondents. The First Defendant is a Partnership Firm 2 of which, it has been averred, the four Respondents were partners at the material time. The suit was instituted by the Board of Trustees of the Port of Mumbai, in order to recover a deficit in the amount of Rs. 1,75,417/- together with interest, that has resulted on the sale of certain goods by the Port Trust in exercise of its statutory powers. The suit came to be decreed ex-parte as against the First Defendant on 19th November 2003. Order 21 Rule 50 of the Code of Civil Procedure provides for the execution of a decree which has been passed against a firm. In the Chamber Summons, leave is sought under sub-rule (2) for executing the decree against the Respondents. During the course of the hearing, the Learned Advocate appearing on behalf of the Decree-holder has placed on the record, an extract from the Registrar of Firms which shows that all the four Respondents were the partners of the firm at the material time when the sale took place on 6th August 1980. The Second and Fourth Respondents are stated to have retired with effect from 1st June 1981. However, on 6th August 1980 when the cause of action accrued, all the four Respondents were partners of the Judgment-debtor. The Respondents 3 have not entered appearance and have not filed any reply to the Chamber Summons. For the reasons stated hereinabove, relief under Order 21 Rule 50 will have to be granted and is accordingly granted. The Chamber Summons is made absolute in terms of prayer clause (a). .......