IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1356 OF 2009 IN SUMMARY SUIT NO. 3705 OF 2003 Zee Interactive Learning System Ltd. ..Plaintiffs Vs. Harbans Singh Khairah ..Defendants Mr. Sameer Khedekar i/b Thakore Jariwala & Associates for the Plaintiffs None for the Defendants CORAM: DR. D.Y. CHANDRACHUD, J. DATE: 11th AUGUST, 2009 P.C. : 1. The Notice of Motion seeks the restoration of Chamber Summons No.479 of 2007 to file. 2. An Exparte Decree has been passed by the Learned Single Judge of this Court on 17.07.2006, by which the suit for the recovery of an amount of Rs.6,10,000/- together with further interest came to be decreed with costs. The Chamber Summons was taken out for the sale of a residential flat and, in the alternative, for the appointment of a Receiver. This Chamber Summons came up before Learned Single Judge, Shri Justice S.C.Dharmadhikari on 28.01.2009. The Learned Single Judge noted that though the ad-interim order was granted on 02.04.2007, thereafter the matter had not appeared on board till date. While dismissing the Chamber Summons for want of prosecution, the Learned Single Jude observed thus: “It appears that an ad-interim order was granted on 2nd April 2007 but thereafter, the matter has not appeared on board till date. In these circumstances, the Chamber Summons is dismissed for want of prosecution.” 3. The observation of the Learned Judge to the effect that the executing court will proceed to execute the decree in accordance with law, sufficiently safeguards the right of the decree holder. It is now for the decree holder to execute the decree in a manner which is known to the provisions of Order 21 of the CPC, 1908. Taking out of the Chamber Summons for the reliefs more specifically sought therein was misconceived. The Notice of Motion is accordingly disposed of, leaving it open to the decree holder to pursue the available remedy in accordance with law. (Dr. D.Y.Chandrachud, J)