1 chs1439-06.doc IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1439 OF 2006 IN EXECUTION APPLICATION NO.565 OF 2006 IN SUMMARY SUIT NO.3049 OF 2004 The Mahalaxmi Glass Works Pvt Ltd .. Decree holders (Org.Plaintiff) versus M/s.Janta Glass Works & Ors .. Judgment Debtors (Org.Defendants) Mr.Simil Purohit a/w Mr.Prakash Shinde, Ms.Dhwani Mehta i/by M.Dhurva & Co for the decree holders. Mr.H.Toor i/by Mishra & Co for the judgment debtors. CORAM : S.C.DHARMADHIKARI, J. 19th October 2011. P.C.: . Heard Mr.Purohit appearing for the decree holders and Mr.Toor appearing on behalf of the judgment debtors. Perused the chamber summons and the affidavit that has been filed in support thereof. There is no affidavit in reply. In these circumstances and at this stage, when all 2 chs1439-06.doc that is sought is the details of the assets and properties of the judgment debtors, this chamber summons is made absolute in terms of prayer clause (a). It is stated that a sum of Rs.2 crores has been deposited by the judgment debtor to the credit of this suit, but that fact was not known to the decree holders earlier. If any sum is deposited either towards the satisfaction of the decreetal claim in the subject suit/proceedings, that sum may be allowed to be withdrawn by the decree holders with accrued interest, but such withdrawal will be without prejudice to the rights and contentions of the parties including those before the Debt Recovery Tribunal and if any orders are passed, the decree holders will have to abide by that, subject of course to their rights in law. If the amount is allowed to be withdrawn with accrued interest, the Registry to make appropriate adjustments in the decree. (S.C.DHARMADHIKARI, J)