: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 ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.548 OF 2006 IN EXECUTION APPLICATION NO.66 OF 2006 IN SUMMARY SUIT NO.2614 OF 2004 Sharad Chandra Vinayak Dongre. ..Plaintiff. Vs. K.T. Dongre & Co. Pvt. Ltd. ..Defendants. Mr. P. Sancheti i/by Sunil & Co. for the Plaintiff. Mr.Deepak Chitnis for the Defendants. CORAM : R.S. MOHITE,J. DATED : 28/8/2006. P.C. P.C. P.C. 1. Heard both sides. 2. This chamber summons is for declaration that the decree passed by this court in Summary Suit No.2614 of 2004 dated 29.11.2005 be recorded as fully and completely satisfied and for lifting of warrant of attachment dated 15.2.2006 under Order 21 Rule 55 of the C.P.C. Admittedly the entire decretal amount alongwith interest as per the decree passed by this court in Summary Suit No.2614 of 2005 dated 29.11.2005 was deposited in this court. A certificate certifying that the decree is fully satisfied has already been issued by this court and this aspect of the matter is not disputed :2: by the decree holder. 3. The counsel appearing for the original plaintiff however, states that he has filed a Company Petition for winding up and the said petition has been admitted. He states that since the petition is admitted various creditors/workmen/authorities would have a claim on the amount which is lying in the court. According to him therefore, amount which is deposited, is with an inherent encumbrance since the plaintiff has no clear cut right to take away the said amount. Under Order 21 Rule 55 of the C.P.C. once the payment of the full decretal amount is deposited in the court then the attachment is deemed to have been lifted. In fact, nothing more survives in the nature of execution of the said decree. No order of the court is also required in this regard. In the circumstances, chamber summons will have to be made absolute in terms of prayer clause (a) and (b). 4. It may be stated that so far as submissions in relation to the company petition is concerned, admittedly there is an injunction running against the present defendants against the disposal of the assets of the company, that would sufficiently protect the interest of the plaintiff and if the plaintiff would like to seek any further relief in the company petition :3: he would be at liberty to do so. So far as the distribution of due amount amongst other creditors and investors, the same is as per statutory provisions of the the Companies Act which provides for equitable distribution of company’s assets under winding up, in accordance with law. No purpose will be served in keeping this chamber summons alongwith the company petition. Chamber summons is therefore, disposed off as aforesaid. (R. S. MOHITE, J.)