: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. 698 OF 2007 SUMMONS NO. 698 OF 2007 SUMMONS NO. 698 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 100 OF 2007 APPLICATION NO. 100 OF 2007 APPLICATION NO. 100 OF 2007 IN IN IN MADRAS MADRAS MADRAS C.S. NO. 447 OF C.S. NO. 447 OF C.S. NO. 447 OF 2004 2004 2004 Shri Vinayaka Impex Ltd. ... Claimant. V/s. M/s. Konega International Pvt. Ltd. ... Defendant. Mr. S.B. Mishra i/b. Mr. S.S. Mishra for the Claimant. Ms. Jyosna Vyas for the Defendant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 24TH 24TH 24TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons by the Respondent/Defendant. It is stated that the execution cannot proceed because the Respondent/Defendant is before B.I.F.R. A reference under Section 15 has been made which is duly registered by B.I.F.R. and it is pending. 2. The Decree Holder/Plaintiff’s Advocate does not dispute this fact and makes a statement that as long as the Company is before B.I.F.R., the Plaintiff/Decree Holder will not proceed with the Execution. In these circumstances and in the light of the statement made, the attachment of the property, more particularly described in prayer clause (a) of the Chamber Summons, must come to an end. The attachment is accordingly :2: raised. However, the premises shall not be transferred, alienated, encumbered or disposed off in any manner by the Judgment Debtor/Respondents/Defendants. 3. This order is passed noticing the provisions of Sick Industrial Companies Act (Special Provisions) Act, 1985. Needless to state that the Plaintiff - Applicant is not admitting any of the statements made in the affidavit in support. All pleas can be raised by parties as and when the premises are sought to be attached again. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)