1 CHS1973.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1973 OF 2009 IN EXECUTION APPLICATION NO. 184 OF 2004 IN AWARD DATED 19TH MARCH 2004 Pierre Cardin Fashions (P) Ltd. ... Claimant. V/s. M/s. Electron Textiles Industries & Anr. ... Respondents. And Anil S. Patel. ... Applicant. Mr. S.K. Jain, Mr. M.B. Jadhav and R.S. Jadhav i/b. B.K. Padwal for the Claimant. Mr. M. C. Shah with Ajay Rao for the Applicant. CORAM : R.Y. GANOO, J. DATED : 13th OCTOBER 2010. P.C. :- Award has been passed against M/s. Electron Textiles Industries and the Applicant in the present Chamber Summons Mr. Anil S. Patel is the proprietor of the said firm. In this Chamber Summons, the Applicant i.e. the proprietor of M/s. Electron Textiles Industries has prayed that the attachment levied on properties described in prayer clause (a) of the Chamber Summons be raised. 2 CHS1973.09.sxw 2. Learned Counsel for the Applicant submitted that according to the Applicant on account of document dated 8th April 2003 purported to have been executed by the Plaintiff and the Applicant herein which document is at page 57 of this Chamber Summons, the Decree passed in the Arbitration Award dated 18th March 2002 is satisfied and there is no question of execution of the decree passed in the said Award. 3. If this is the stand of the Applicant, then the Applicant should have moved the Court for praying that in terms of the document at page 57, the decree be marked as satisfied and the Execution Application is not maintainable and it should be dismissed. 4. The present Chamber Summons taken out is misconceived and the Applicant ought to have taken out the Chamber Summons for appropriate prayers as set out herein above. 5. After hearing the aforesaid expression of this Court, the learned Counsel appearing on behalf of the Applicant applied for withdrawal of this Chamber Summons with liberty to take out appropriate Chamber Summons to have an order that in terms of document dated 8th October 2003 at page 57, the decree be marked as satisfied. 6. In view of the observations made by the Court as above and at the request of learned Counsel for the Applicant, this 3 CHS1973.09.sxw Chamber Summons is allowed to be withdrawn with liberty to the Applicant to take out appropriate proceedings for getting the decree in Award dated 19th March 2002 marked as satisfied in terms of document dated 8th April 2003. 7. The order of status-quo which is prevailing as of today is extended upto 22nd November 2010. As and when the Applicant takes out new proceedings in terms of this order, he will have to apply for appropriate interim relief by making out a case afresh. 8. The Court is informed that there are 2 other Chamber Summonses taken out by other parties being Chamber Summons Nos.1931 of 2009 and 1932 of 2009. List these Chamber Summonses for hearing on 24th November 2010. (R.Y. GANOO, J.)