: 1 : chs-1644-10-c=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1644 OF 2010 IN EXECUTION APPLICATION NO. 581 OF 2010 National Agricultural Co-operative Marketing Federation of India Ltd. .. Plaintiffs v/s. Swarup Group of Industries & Anr. .. Respondents and Shri Mehar Srivastav .. Applicant ......... Mr. Shashipal Shankar for the claimant / plaintiffs Ms. Alpana Ghone with Prasad Das i/b Anju Mishra for applicant ......... CORAM : R.Y.GANOO, J. DATE : 31st JANUARY, 2011 P.C. : 1. I have perused the prayer clauses of the chamber summons. The warrant of attachment is yet not levied on the property described in prayer clause (a). The Court has issued warrant of attachment. Prayer clause (a) is not drafted properly. The applicant should have prayed for setting aside the warrant of attachment issued by the office. Hence, this chamber summons is not maintainable. : 2 : chs-1644-10-c=.sxw 2. Learned Counsel for the plaintiffs applies for withdrawal of this chamber summons with liberty to take out appropriate proceedings to have the warrant of attachment set aside. Affidavit-in-reply filed by the claimant before commencement of the hearing of this chamber summons is taken on record. The chamber summons is allowed to be withdrawn with no order as to costs. No liberty is required. It is open for the applicant to adopt appropriate proceedings to have the reliefs in his favour. (R.Y.GANOO, J.)