1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. Chamber Summons No.1215 of 2006 In Execution Application No.241 of 2006 In Summary Suit No.3809 of 2002 Madhusudan Shrikrishna .. .. Plaintiff V/s. M/s.Emkay Exports & ors. .. .. Defendants And ICICI Bank Ltd. .. .. Applicant Mr.Samrat Marathe i/by H & M Legal Associates for Applicant. None for Plaintiff and Defendants. ----- CORAM : SMT.ROSHAN DALVI, J. Dated : 25th September, 2008 P.C. : 1.Upon the ex-parte decree being obtained the Plaintiff sought to execute it. The Plaintiff has attached one car. The Applicant-Bank has shown that the car was hypothecated to the Applicant before attachment. The Applicant has annexed a letter of hypothecation as Exhibit-A to the Application. The Applicant has also produced the original hypothecation Agreement entered into by Kanchan Choudhary, Defendant No.2, a partner of Defendant No.1. No Affidavit-in-reply is filed by any of the parties despite service since September 2006. The attachment therefore is required 2 to be raised. This Chamber Summons was sought to be served by Registered Post upon the Defendants. Affidavit of service to that effect is filed. The Chamber Summons was later sought to be served upon the Plaintiff by personal service. The Advocate on behalf of the Applicant states that it has been accepted by the representative of the Plaintiff at the address shown in the letter which is the address of the Plaintiff shown in the Plaint. Copy of the letter showing service is produced. Upon such a statement, such service is taken to have been made. The Applicant shall file Affidavit of service. 2.The Chamber Summons is made absolute in terms of prayer (a). The attachment of car being car No.MH-04-CD-8006 which is Tata Indigo car is raised. 3.The Advocate for the Applicant shall inform the Plaintiff's Advocate of this order. [SMT.ROSHAN DALVI, J.]