IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1382 OF 2006 IN EXECUTION APPLICATION N.457 OF 2006 IN SUMMARY SUIT NO.2373 OF 2003 Daichi Karkaria Limited ...Plaintiffs Vs. Rutvij Chemicals Limited ...Defendants Mr. Zubin Behram Kamdin, Counsel with Ms.Maneesha Kongovi i/v. Bharucha & Partners for Plaintiffs Mr. Durgesh Khanapurkar i/b. M.K.Ambalal & Co., for ICICI Bank Ltd. CORAM: SMT.ROSHAN DALVI, J. DATED: 16 TH SEPTEMBER, 2008 P.C. 1. The Plaintiffs have obtained an Ex-parte decree against Defendants on 23 rd January, 2006. The Plaintiffs have sought execution of the decree by attachment of the movables of the Defendants in the premises of one Jayant Vitamin Limited under the provisions of Order XXI Rule 52 of the C.P.C. 2. The premises of Jayant Vitamin Limited was mortgaged to ICICI Bank. In a Suit filed by ICICI Bank against Jayant Vitamin Limited Court Receiver came to be appointed in respect of their immovable properties, also the movables contained therein. Some of the movables in the flat belongs to the Defendants in this Suit. Consequently these movables came to be in the custody of the Court Receiver. However, ICICI Bank did not have any claim upon the movables belonging to Jayant Vitamin Ltd., against whom they have not filed the Suit. These movables are of the Defendants and claimed by the Plaintiffs in this Suit under this Chamber Summons. 3. The Defendants must be held entitled to the attached property, which is in the custody of the Court Receiver and hence application taken out under Order XXI Rule 52 of the C.P.C must be granted to the Defendants in absence of the claim of the ICICI Bank, who got the Court Receiver appointed in respect. inter alia of the movables of the Defendants also. The Court Receiver who is already appointed shall sell the movables either by the pubic auction or private treaty. The Court Receiver shall then handover the net sale proceeds of the movables mentioned in the list Exhibit- B to the Chamber Summons in satisfaction of the decree of the Plaintiffs in the Suit. 4. The Court Receiver shall be entitled to take police protection if required. (SMT. ROSHAN DALVI, J.)