1 CONP12.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CONTEMPT PETITION NO. 12 OF 2010 IN EXECUTION APPLICATION NO. 487 OF 2009 IN SPECIAL CIVIL SUIT NO. 223 OF 1999 Neela Rajnikant Thakkar & Ors. ... Plaintiffs. V/s. Dunlop India Ltd. & Ors. ... Defendants. Mr. J.S. Kini i/b. Suresh Dubey for the Plaintiffs. Mr. R.M. Pardiwala i/b. M/s. Mulla & Mulla for Defendants 1,3 and 4. CORAM : R.Y. GANOO, J. DATED : 30th AUGUST 2010. P.C. :- The Plaintiffs wanted to execute the decree passed against Defendant No.1 being decree dated 28th November 2006. Warrant of Attachment on the property which according to the Plaintiffs was owned by M/s. Dunlop India Ltd. was issued and the same was levied on 15th December 2009. M/s. Bharatiya Hotels claimed that they are the owners of the property and therefore, said Warrant of Attachment was wrongly levied. M/s. Bharatiya Hotels therefore filed Chamber Summons No. 63 of 2010 and prayed for raising of the Warrant of Attachment. 2 CONP12.10.sxw 2. Learned Counsel for the Plaintiffs wanted this Court to go through the deed of assignment dated 3rd January 2008 and submit to the Court that M/s. Bharatiya Hotels have made a false statement to their knowledge and therefore, they had committed contempt. The Court is also informed that said Chamber Summons has been disposed of by a speaking order and Warrant of Attachment has bee raised against which the Plaintiffs have filed Appeal proceedings. If this is the position the present Contempt Petition based on a stand that a false statement was made by M/s. Bharatiya Hotels is premature. If at all the Plaintiffs succeed in having the Warrant of Attachment levied, again in that case it will be open for the Plaintiffs to take out appropriate proceedings to allege that M/s. Bharatiya Hotel have committed a contempt. Question as to whether M/s. Bharatiya Hotels have committed contempt is kept open. 3. Hence, the Chamber Summons is dismissed as not maintainable. There shall be no order as to costs. (R.Y. GANOO, J.)