1 IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL ORIGINAL ORIGINAL CIVIL JURISDICTION CIVIL JURISDICTION CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS SUMMONS SUMMONS NO.424 OF 2007 NO.424 OF 2007 NO.424 OF 2007 IN IN IN E.A.NO.71 E.A.NO.71 E.A.NO.71 OF 2006 OF 2006 OF 2006 IN IN IN SPECIAL SPECIAL SPECIAL SUMM.SUIT SUMM.SUIT SUMM.SUIT NO.154 OF 2003 NO.154 OF 2003 NO.154 OF 2003 Agarwal Agarwal Agarwal Packaging Packaging Packaging Pvt.Ltd .. Plaintiff Pvt.Ltd .. Plaintiff Pvt.Ltd .. Plaintiff vs vs vs Chemstar Chemstar Chemstar Organics Organics Organics (India) Ltd .. Defendant (India) Ltd .. Defendant (India) Ltd .. Defendant & Punjab Punjab Punjab National Bank National Bank National Bank ...... Applicant Applicant Applicant Mr.Milind Mr.Milind Mr.Milind More More More for Plaintiff for Plaintiff for Plaintiff None None None for Applicant for Applicant for Applicant CORAM CORAM CORAM : : : A.M.KHANWILKAR, J A.M.KHANWILKAR, J A.M.KHANWILKAR, J DATE DATE DATE : 28th March, 2007 : 28th March, 2007 : 28th March, 2007 P.C. P.C. P.C. 1.1.1. The matter was called out on earlier occasion The matter was called out on earlier occasion The matter was called out on earlier occasion when when when I was informed that applicant’s advocate was I was informed that applicant’s advocate was I was informed that applicant’s advocate was on on on his way. Accordingly, matter was kept back. his way. Accordingly, matter was kept back. his way. Accordingly, matter was kept back. When When When the the the matter is called out for second time, once matter is called out for second time, once matter is called out for second time, once again again again same statement is reiterated by counsel for same statement is reiterated by counsel for same statement is reiterated by counsel for the the the Judgment Debtor. Counsel for the Judgment Judgment Debtor. Counsel for the Judgment Judgment Debtor. Counsel for the Judgment Debtor Debtor Debtor points out that taking advantage of the points out that taking advantage of the points out that taking advantage of the order order order of status quo with regard to possession of of status quo with regard to possession of of status quo with regard to possession of the the the suit suit suit property, property, property, the Commissioner has been misled the Commissioner has been misled the Commissioner has been misled toto to understand understand understand that the entire execution proceedings that the entire execution proceedings that the entire execution proceedings have have have been stayed. It is not necessary for me to been stayed. It is not necessary for me to been stayed. It is not necessary for me to enter enter enter into into into this controversy as the applicant is not this controversy as the applicant is not this controversy as the applicant is not represented represented represented inspite of keeping back the matter. inspite of keeping back the matter. inspite of keeping back the matter. 2 Chamber Chamber Chamber Summons is dismissed for non prosecution. Summons is dismissed for non prosecution. Summons is dismissed for non prosecution. Interim Interim Interim arrangement ordered on earlier occasion in arrangement ordered on earlier occasion in arrangement ordered on earlier occasion in this this this Chamber Summons is vacated forthwith. Chamber Summons is vacated forthwith. Chamber Summons is vacated forthwith. (A.M.Khanwilkar, (A.M.Khanwilkar, (A.M.Khanwilkar, J) J) J)