1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1604 OF 2006 IN SUIT NO.1341 OF 1998 Jetu Jacques Taru Lalvani .. Plaintiff Versus Shreeji Mineral Water Pvt.Ltd and Ors. .. Defendants and Ashok Mishrimal Parmar & Ors. .. Respondents and M/s.Prime Property Development Corporation Ltd. .. Applicants Mr.Suhas Patil for plaintiff Mr.Y.P.Gandhi for Garnishee No.3 Mr.Kirit Modi i/b. Dadhich & Co. for applicants. CORAM : S.C.DHARMADHIKARI, J. DATE : 17th November 2008 P.C. . This is a chamber summons praying for raising of attachment levied by Warrant of Attachment dated 15th July 2006 attaching the property more particularly described in prayer clause (a) of the chamber summons. 2 2. The plaintiffs are the decree holders and the original defendants are the judgement debtors/respondens and/or guarantors. 3. Learned Advocate for plaintiffs - decree holders makes a statement that decree holder has received substantial sum under the decree and only some Garnishee proceedings are pending. However, it is agreed between the judgement debtors and the decree holders that these proceedings will be pursued independently. The decree holder has applied for raising attachment and the attachment has been raised. In such circumstances, as the attachment which has been levied on the properties described, more particularly in prayer clause (a) of the chamber summons being raised and the decree holder not proceeding in execution against them then nothing survives in the chamber summons and it is accordingly disposed of. 3 (S.C.Dharmadhikari, J)