: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 CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 892 OF 2008 SUMMONS NO. 892 OF 2008 SUMMONS NO. 892 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 204 OF 1997 APPLICATION NO. 204 OF 1997 APPLICATION NO. 204 OF 1997 IN IN IN NOTICE NOTICE NOTICE NO. 1774 OF NO. 1774 OF NO. 1774 OF 1997 1997 1997 Madhubhai Z. Patel & Ors. ... Applicants/ Judgment Creditors. V/s. Gopika Nina Pillai & Ors. ... Judgment Debtors. Mr. Sanjay Kothari with Mr. H.N. Vakil and Mr. Kaushal Tamhane i/b. Mulla & Mulla for the Applicants. None for the Judgment Debtors. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons in Execution of a Foreign Judgment since the Foreign Judgment has been brought for Execution in this Court in accordance with law, An Execution Application is filed by the Decree Holder/Judgment Creditor. After the application is filed, now, further details with regard to the properties and assets of the Judgment Debtors are being sought. Power of this Court under Order XXI Rule 41 of the C.P.C., 1906 is being invoked. It is stated that the Decree Holder/Judgment Creditors applied for Execution by moving this Court under Order XXI Rule 22 of the C.P.C. and the notice in that behalf is made absolute. That order was challenged by filing an Appeal which appeal is pending. However, applications for stay moved in the pending :2: Appeals were allowed on 13th April 2004 by this Court. 2. The Judgment Creditors were aggrieved by this order and they moved the Supreme Court by filing a Special Leave Petition directing the Judgment Debtors to furnish security. The security has not been furnished till date. 3. On the last occasion, I was not satisfied with the mode of service and therefore, it was directed that the Chamber Summons and the affidavit in support be served again. However, finding that the premises in Mumbai are not being occupied by the Judgment Debtors continuously, what the Judgment Creditors have done is to seek leave for substituted service. That was granted and now publication of the notice is made in two leading Newspapers published in Mumbai as also in Delhi. Despite this publication, none has come forward to oppose the request and the prayers in the Chamber Summons. 4. In the result, this Chamber Summons is made absolute in terms of prayer clause (a). However, if the affidavit is not filed within a period of 12 weeks from today, liberty is granted to the Decree Holders/Judgment Creditors to apply for reliefs in terms of prayer clause (c) of the Chamber Summons. The Chamber Summons is made absolute with liberty as above. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)