1 CHS 107.07.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 107 OF 2007 IN EXECUTION APPLICATION NO. 273 OF 2006 IN ARBITRATION PETITION NO. 114 OF 2004 IN AWARD NO. 146 OF 1997 Indian Airlines Ltd. ... Petitioner. V/s. Mr. V.K. Moghe & Ors. ... Respondents/ Applicants. Mr. Dixit i/b. Chhaya Shah for the Petitioner. Mr. C.T. Kripalani for the Respondents/Applicants. CORAM : R.Y. GANOO, J. DATED : 10th JANUARY 2011. P.C. :- Heard learned Counsels on both sides. On perusal of prayer clause (a) and other clauses of the Chamber Summons, it is clear that the Chamber Summons is not maintainable. If the Respondents are aggrieved by the decree, then, they should challenge it in a proper manner. Hence, the Chamber Summons is dismissed. In the peculiar facts and circumstances, I am inclined to direct the Respondents to pay to the Petitioners – Claimants costs of Rs.5,000/-. 2 CHS 107.07.sxw 2. Hence, following order is passed :- (i) The Chamber Summons is dismissed as not maintainable. (ii) The Respondents do pay to the Petitioners – Claimants costs of Rs.5,000/-. Cost condition precedent for future proceedings. (iii) Execution to proceed. (R.Y. GANOO, J.)