1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.19 OF 2007 IN EXE.APPLICATION NO.542 OF 2006 IN SUIT NO.2302 OF 1992 Azar Ali Anwar Ali Sambhalwala .. Plaintiff Versus Municipal Corporation of Gr.Mumbai and Ors. .. Defendants None for plaintiff Ms.V.M.Choudhari for defendants CORAM : S.C.DHARMADHIKARI, J. DATE : 14th October 2008 P.C. . This chamber summons is to raise attachment on the furniture, fixture, stocks and other moveables more particularly described in Schedule to the summons. The Corporation had moved this summons because the Municipal Corporation premises and the moveables more particularly in the office of its Dy.Municipal 2 Commissioner, C Ward came to be attached in execution of a money decree. 2. Subsequently, the money decree was set aside by a Division Bench. The amount has already been deposited in this Court and the order of Division bench is subsequent to the said deposit. In such circumstances, after the decree is set aside, the amount cannot be retained in the court is the request and it should, therefore, be allowed to be withdrawn. 3. The principle in law is well settled, that if the decretal claim is satisfied, the attached property must be released from attachment, whether it is moveable or immovable. Order XXI makes elaborate provisions in that behalf. Further, in the peculiar facts of this case, when it is not disputed that the decree is set aside then the attachment must be raised. The attachment is already raised. Properties 3 should be released and now the monies must also be refunded or allowed to be withdrawn by the Municipal Corporation with accrued interest. 4. In these circumstances, the request of the learned Counsel to withdraw the monies in the peculiar facts of this case is granted. On production of authenticated copy of this order, office to allow the Corporation to withdraw the sum which shall be utilised for maintenance of parks/ gardens including the one which has been constructed on the pavements in Fort area. (S.C.Dharmadhikari, J)