kbp 1 1868-07.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1868 OF 2007 IN EXECUTION APPLICATION (LOD) NO.324 OF 2007 IN ARBITRATION PETITION NO.5 OF 1988 Union of India through the Chief Engineer ..Plaintiff Vs. M/s.Western India Construction Co. and ors. ..Defendants ......... Mrs.S.I.Shah a/w.Ms.Nisha Valani i/b.Mr.S.I.Shah & co., for plaintiff. Ms.T.Dalvi, for respondent no.2. ......... CORAM : A.S.OKA, J.. DATE : 21st November, 2009. P.C. : 1] Heard learned counsel for the plaintiff in support of the chamber summons. I have also heard the learned counsel for the defendants who opposed the chamber summons. 2] There is an award made against the first respondent in Arbitration Petition which sought to the executed by filing an execution application. The chamber summons has been taken out for seeking leave under Sub-Rule 2 of Rule 50 of Order XXI of the Code of Civil Procedure, 1908 for executing award against the second to sixth respondents who are allegedly partners of the first respondent. 3] As directed by this court on earlier date, the learned counsel for the kbp 2 1868-07.sxw plaintiff has produced an extract of the register of firm showing the entry of the first defendant. The said extract shows that only the second and third respondents herein have been shown as the partners of the first respondent firm in the register of the firm. There is no opposition by the third respondent. The second respondent is disputing her liability. Therefore, as far as the alleged liability of the second respondent is concerned, the same will have to be determined by holding an enquiry as contemplated by Sub-Rule 2 of Rule 50 of Order XXI. However, as far as the third respondent is concerned, the notice will have to be made absolute as the liability is not disputed by the third respondent. 4] Hence, I pass the following order:- (a) The chamber summons stands dismissed as against the respondents no.4 to 6. (b) The chamber summons is made absolute in terms of prayer clause (a) and (b) as against the third respondent. (c) As far as the second respondent is concerned, an enquiry will have to be held for determining the liability of the second respondent in accordance with the Sub-Rule 2 Rule 50 of Order XXI 1 of the said Code. (d) The execution application shall be listed on 6th January, 2010 for holding an enquiry as far the liability of the second respondent is concerned. ( A.S.OKA, J. )