: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. 1175 OF 2008 SUMMONS NO. 1175 OF 2008 SUMMONS NO. 1175 OF 2008 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION (L) NO. 7 OF 2008 APPLICATION (L) NO. 7 OF 2008 APPLICATION (L) NO. 7 OF 2008 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3388 OF 2005 SUIT NO. 3388 OF 2005 SUIT NO. 3388 OF 2005 BASF INDIA LTD. ...Plaintiffs. V/s. M/s. Mega Packs. ...Defendants. And Mrs. Rajiv Jangida & Anr. ... Respondents. Mr. Vishal Kanade i/b. Negandhi Shah & Himayatullah for the Plaintiffs. Mr. A.S. Rao for the Defendants. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 26TH 26TH 26TH NOVEMBER 2008. NOVEMBER 2008. NOVEMBER 2008. P.C. P.C. P.C. : : : . On the last occasion the statement was made before me that a sum of Rs.10,00,000/- will be deposited and now, the Defendants have deposited a sum of Rs.10,00,000/- in this Court on 18th November 2008. 2. Mr. Rao appearing for the Defendants states that the Defendants have moved a Notice of Motion for setting aside the ex-parte decree in the above Summary Suit and that application is pending. 3. On the other hand, the Decree Holder apprehends that the Judgment Debtor will dispose off their properties so as to defeat a decree in the sum of Rs.71,00,000/- :2: approximately. 4. In the affidavit in reply, a statement is made in paragraph 3(i) that the Defendants are having a factory building alongwith plant and machinery and furniture and fixture. The details of the factory building and its location are set out in that paragraph. The land on which the building housing the factory is situated is also described in this paragraph. The land and building are mortgaged in favour of a Bank and Mr. Rao states that there is no question of the said lands being alienated or parted with possession in any manner by the Defendants. 5. He makes a statement that until further orders of this Court, factory building, plant and machinery, furniture and fixtures so also the land will not be alienated, sold or otherwise disposed off by the Defendants. However, this statement will not preclude the Defendants from utilizing this property for their business and even the plant and machinery so also the furniture and fixture being used in the ordinary and normal course thereof. 6. In the light of the provisions contained in Order XXI Rule 50 C.P.C. and further it being undisputed that the Defendants are a partnership firm, the Chamber Summons is also made absolute in terms of prayer clause (a), subject however, to the Defendants rights and contentions :3: in the pending Notice of Motion. 7. All the observations, orders and directions in this order would not affect and are without prejudice to the rights and contentions of both sides in the pending Notice of Motion. The Prothonotary and Senior Master to invest the sum of Rs.10,00,000/- in the fixed deposit with a Nationalised Bank until further orders and directions. 8. The Chamber Summons is disposed off accordingly. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)