1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.464 OF 2006 IN EXECUTION APPLICATION NO.12 OF 1995 IN KANPUR SUIT NO.12 OF 1992 Super Tannery (India) Ltd. ...Plaintiffs Vs. M/s. Ramesh chandra & Co. ...Defendants Mr.A.K.Saxena for Plaintiff None for Defendant in support of Chamber Summons CORAM: SMT.ROSHAN DALVI, J. DATED: 24 TH JUNE, 2008 P.C. 1. This Chamber Summons is taken out by the Defendants for setting aside the execution proceedings, taken out by the Plaintiff in the Suit. The Ex-parte Decree was passed on 22nd August, 1992. Execution Application has been taken out on 21 st May, 1995. Notice under Order XXI Rule 22 of the Code of Civil Procedure was made absolute on 30 th June, 1995. A Warrant of Attachment has been issued on 4th October, 1995. The movable property and the other tenancy rights of the Defendants is sought to be attached as mentioned in the 2 Warrant of Attachment. 2. A Warrant of Sale has been issued on 9th July, 1996. It is at this juncture, that the Defendants have sought to set aside the execution proceedings by the Chamber Summons which has been taken out on 12 th April, 2006. 3. The contention of the Defendants is that the execution application in which property is being sold in execution, is barred by limitation. The aforesaid chronology of dates shows that the execution application is well within time. 4. The partner of the Defendant Firm who has filed the affidavit in support of the Chamber Summons has claimed the tenancy rights personally. It is his case that the tenancy rights vest in him alone. No rent receipt is produced or annexed to the affidavit in support of the Chamber Summons. Hence, that case remains unsubstantiated. 5. No case is made out in the Chamber Summons. The Chamber Summons is dismissed. Execution shall proceed. (SMT. ROSHAN DALVI, J.)