IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.312 OF 2004 IN SUMMARY SUIT NO.6615 OF 1999 Mr.Suryakant H.Mehta .. Plaintiff Vs. M/s.Western Canvas Depot & Anr. .. Defendants Ms.M.Bhatia i/b R.M.Hiranandani for the plaintiff Mr.K.D.Jha for the defendants CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 11TH APRIL 2005 DATED : 11TH APRIL 2005 DATED : 11TH APRIL 2005 P.C.: . The present Chamber Summons is taken out for a leave to execute a decree against the partners who are the respondents in the present proceedings. The said rule is sought to be obtained under the provisions of XXXVII of the CPC. Leave granted. I am satisfied that there are defaults in payment and therefore, decree is required to be executed. However, the learned counsel appearing for the defendants states that there is no default of repayment of instalments and it is the plaintiffs who have committed defaults. The said issue can be decided only on execution. In view thereof, Chamber Summons disposed of accordingly. No order as to costs.