1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.521 OF 2009 IN EXECUTION APPLICATION NO.197 OF 2004 IN ARBITRATION PETITION NO.2 OF 2001 The National Small Industries Corpn.Ltd. ...Claimant. Vs. Kamal Traders & Ors. ...Respondents. And Shri Ishwar Bhawan Co-op. Hsg. Soc. Ltd. ...Applicant. .... Mr. R.J. Singh i/b. R.J. Singh & Co. for the Claimant. Mr. Simil Purohit i/b. Pravin Mehta & Mithi & Co. for the Applicant. ..... CORAM : DR.D.Y.CHANDRACHUD, J. APRIL 27, 2009. P.C. This Chamber Summons has been taken out by Shri Ishwar Bhawan Co-operative Housing Society Ltd. for setting aside a part of an order dated 16th October 2008 passed by the Commissioner for Taking Accounts. An arbitral award passed in favour of the National Small Industries Corporation Ltd., who was the claimant, has been set in execution. Before the Commissioner for Taking Accounts, an objection was raised by the Maharashtra State Finance 2 Corporation on the ground that it had a prior mortgage in respect of the premises comprising of a flat in the Housing Society in question. The subject matter of that objection does not arise for consideration before the Court today. The Co-operative Society filed an affidavit before the Commissioner for Taking Accounts, pursuant to a summons issued to it to file particulars of the attached flat. In that connection, the Co-operative Society stated that there were certain arrears of maintenance charges due in respect of the premises in question. The Commissioner rejected the claim of the Society on the ground that it had not filed any supporting document. There is merit in the contention of the Learned Counsel appearing on behalf of the Society that the Commissioner for Taking Accounts had no occasion to enter upon the correctness of the claim of the Society in respect of the maintenance charges due and payable. The Co-operative Society does not seek either an adjudication of the maintenance charges or any direction from this Court for the payment of the maintenance charges. Learned Counsel appearing on behalf of the Society has stated before the Court that the Society only seeks a clarification that it would be at liberty to seek recourse to the remedies available to it under the Maharashtra Co-operative Societies’ Act, 1960 for the recovery of 3 its outstandings on account of maintenance charges and that the observation contained in the impugned order of the Commissioner shall not come in its way. Having regard to the limited nature of clarification sought, Learned Counsel appearing on behalf of the Claimant states that this clarification will not prejudice the rights of the claimant and there is no objection for issuance of such a clarification. In the circumstances, the Chamber Summons is disposed of with a clarification that the applicant would be at liberty to seek recourse to such remedies available to it under the Maharashtra Co-operative Societies Act, 1960 for the recovery of its alleged arrears of maintenance charges and that the observations contained in the impugned order dated 16th October 2008 of the Commissioner for Taking Accounts shall not come in the way of an adjudication thereon by the Competent Forum. In the event that the applicant obtains an order of adjudication, in accordance with law, it would be at liberty to take such further steps, in accordance with law, for the realization of its dues as are available to it. The Society would at that stage, be at liberty to press its claim in respect of prayer clause (b) which is not entertained at this stage. The Chamber Summons is disposed of. .......