1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.47 OF 2010 IN EXECUTION APPLICATION NO.237 OF 2006 IN SUMMARY SUIT NO.1068 OF 2003 ALONGWITH CHAMBER SUMMONS NO.48 OF 2010 IN EXECUTION APPLICATION NO.237 OF 2006 IN SUMMARY SUIT NO.1068 OF 2003 ______________________________________________________________ Office Notes, Office Memoranda of Coram, Court’s or Judge’s Orders appearances, Court’s orders or directions and Prothonotary’s orders Ms.P.Bhatia i/by Payne & Co for the plaintiff. Mr.Farhan Dubhash a/w Mr.Y.R.Shah for the defendant. Mr.Fridaus Pooniwala i/by P.D.Goriya for the applicant. Mr.Kazi, Dy.Sheriff of Mumbai present. CORAM : R.S.MOHITE, J. DATE : 02nd AUGUST 2010. P.C.: . Heard all the parties. It is now an agreed position that the entire principal amount of Rs.55 lakhs has been paid. The question now which remains in execution proceedings only pertains to the interest. The advocate for plaintiff states that she will go for fresh proclamation of sale. In this view of the matter, the defendant and third party applicant who have filed aforesaid two chamber summons seek leave to withdraw their 2 respective chamber summons with liberty to file fresh chamber summons if and when the occasion arises. All contentions of the parties are kept open. Both the chamber summons are disposed off. The question as to whether the costs incurred by the plaintiff will ultimately be defrayed from the sale consideration is also left open and will be decided subsequently. (R.S.MOHITE, J)