1 chs 1110-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1110 of 2010 . in Execution Application No.303 of 2008 in Summary Suit No.2000 of 2005 Jayantilal Maganlal Brahmbhatt .. Plaintiff v/s. Rajendra Devidas Shah ..Defendant and Vishwanath J. Shetty ..Applicant A.A.Siddiquie for the Applicant. Mr.Jayesh Bhatt for the Plaintiff CORAM : R.Y.GANOO, J. DATED : 23rd August, 2010 P.C. : 1. By earlier Order passed in the Execution Application, rights of the present applicant are to be decided qua the flat in question before the Commissioner for taking accounts. The said proceedings are pending for a long time. Before disposal of the said proceeding, this Chamber Summons has been taken out for raising attachment on the said flat. 2 chs 1110-10.sxw Till such time the said proceedings are decided, the attachment levied on the said flat can’t be revoked. At the best, the Commissioner for taking accounts can be directed to dispose of the proceeding before him within stipulated time. Hence following order is passed in the Chamber Summons. ORDER i) Commissioner for taking Accounts is directed to decide the proceeding filed by the present applicant before him, by which rights of the present petitioner qua the plaintiff are directed to be decided. ii) Commissioner shall hear both the parties as expeditiously as possible and pass the appropriate order. This shall be done on or before 27.9.2010. iii) Parties before this Court agree that they will not ask for adjournment before the Commissioner of Accounts. Matter is now fixed before Commissioner for Accounts on 27.8.2010. iv) If the order passed by the Commissioner goes against a 3 chs 1110-10.sxw particular party, the status quo as of that day will be continued for a period of four weeks so that the aggrieved party can challenge the said order by appropriate proceeding. v) Chamber Summons is disposed of in above terms with no order as to costs. vi) Plaintiff to serve authenticated copy of this order on the Commissioner of Accounts to enable him to proceed on 27.8.2010. [R.Y.GANOO, J.]