1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 355 OF 2007 IN EXECUTION APPLICATION NO. 560 OF 2006 IN SUMMARY SUIT NO. 3647 OF 1997 M/s.Supreme Alloys Industry ...Plaintiff vs. M/s.HMP Engineers Limited ...Defendant and The Runwal Constructions ...Applicant and The Sheriff of Bombay, High Court, Bombay ...Respondent Mr.B.H. Vyas for the Plaintiff. Mr.Virag Tulzapurkar, Sr.Counsel with Ms.Sawmya Srikrishna i/b. M/s.Kanga & Co. for the Applicant. CORAM : V.M. KANADE, J. DATED : FEBRUARY 3, 2010 P.C. :- 1 Counsel for the plaintiff submits that warrant of attachment which was served on the applicant inadvertently mentions the attachment of only movable property though the warrant speaks of 2 joint warrant of attachment of movable and immovable properties in the possession of the judgment debtors under Order XXI Rules 43 and 54 of the Code of Civil Procedure, 1908. He submits that he seeks leave to withdraw the said warrant of attachment with liberty to take out a fresh warrant of attachment in accordance with Order XXI Rules 43 and 54 as per the proforma specified in the Original Side Rules. 2 In view of the submission, the attachment of the property of the applicant is removed. Liberty, however, is granted to the plaintiff to take out a fresh warrant of attachment as prayed. All contentions raised by both the parties are kept open. 3 Chamber Summons, accordingly, is disposed of. (V.M. KANADE, J.)