: 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 ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1602 OF 2007 SUMMONS NO. 1602 OF 2007 SUMMONS NO. 1602 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 11 OF 2007 APPLICATION NO. 11 OF 2007 APPLICATION NO. 11 OF 2007 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 2050 OF 2003 SUIT NO. 2050 OF 2003 SUIT NO. 2050 OF 2003 Fortis Financial Services Ltd. ... Plaintiffs. V/s. Dilip Kumar Ray. ... Defendant. And State Bank of Saurashtra. ... Applicants. Mrs. P. Dholakia i/b. Dholakia Law Associates for the Plaintiffs. Mr. S. Purohit a/w. Mr. Madhur Rai i/b. Negandhi, Shah & Himayatullah for the Applicants. for the Defendant. CORAM CORAM CORAM : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. : S.J. VAZIFDAR, J. 09TH 09TH 09TH OCTOBER 2007. OCTOBER 2007. OCTOBER 2007. P.C. P.C. P.C. :- :- :- . The Chamber Summons is taken out by the State Bank of Saurashtra for raising the attachment on the immovable property pursuant to the Warrant of Attachment dated 15th January 2007 and for the order permitting the Applicant to conduct the auction of the suit property and to appropriate the net sale proceeds towards their dues. In the alternative, it is prayed that the sale be conducted by this Court. : 2 : 2. There is no dispute that the Applicant is a secured creditor including in respect of the said property to the extent of over Rs. 5.00 crores. Nor is there any dispute that the Plaintiff/Judgment Creditor is an unsecured creditor. In the circumstances, there is no warrant to obstruct the Applicant from enforcing its rights in respect of the said property including under the Securitization Act. 3. As requested by the Plaintiff, the Applicant has agreed to keep the Plaintiff’s Advocate inform of the sale that it proposes to conduct in respect of the said property and of any application that the Applicant may make to any Court, Tribunal or Authority, in connection therewith. 4. The surplus money, if any, shall be deposited after appropriation of the net sale proceeds. Liberty to apply in that event. 6. The Chamber Summons is made absolute in terms of prayer clauses (a) and (b). ------