: 1 : chs-1090-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 1090 OF 2010 IN CHAMBER OF SUMMONS NO. 1939 OF 2009 IN EXECUTION APPLICATION NO.460 OF 2009 IN CIVIL MISC. APPLICATION NO.63 OF 2010 IN SPECIAL CIVIL SUIT NO.288 OF 1998 Tirth Plastics Ltd. .. Plaintiffs v/s. M.B. Parikh Finstocks Ltd. & Ors. .. Defendants ......... Mr. Chirag Balsara i/by Rohit Shetty for the applicant ......... CORAM : R.Y.GANOO, J. DATE : 21st SEPTEMBER,2010. P.C. : 1. Affidavit of service is filed. The plaintiffs are absent. Plaintiffs – Judgment Creditors are absent. Certain FDRs lying in the Yes Bank came to be attached in execution of the decree passed by the 5th Addl. Senior Civil Judge, Ahmedabad (Rural). After the attachment was levied, defendants applied through the said Court by Civil Miscellaneous : 2 : chs-1090-10=.sxw Application No.63 of 2010 and prayed for setting aside the said order. The said application was granted and the decree in Special Civil Suit No. 288 of 1988 passed on 31st March, 2009 was set aside on condition that the Judgment Debtors i.e. the present applicant will pay costs of Rs. 10,000/- and 20% of decretal amount namely 18 lakhs and odd. Today, before the Court, learned advocate appearing on behalf of the applicants has produced certified copy of the order passed by the learned 3rd Additional Civil Judge Senior Division, Ahmedabad (Rural) being order dated 17th September, 2010 wherein it is mentioned that present applicants being defendants in the said suit have deposited a sum of Rs.10,000/- as also a sum of Rs.18.17,010/-. This would mean that the condition for setting aside the decree have been complied with. Learned Counsel appearing on behalf of the applicants drew my attention to the provisions of Order 21 Rule 55(c) and submitted that now that the decree is set aside, the attachment levied on the fixed deposit receipts more particularly set out in prayer clause (a) should be raised. There is no response from the Judgment Creditor. 2. After having perused the record and noting the fact that the decree is set aside and the conditions for setting aside are confirmed, the attachments cannot sustain and, therefore, chamber summons will have to be made absolute in terms of prayer clause (a). Needless to : 3 : chs-1090-10=.sxw mention that interest which may have accumulated on the principal amount on each FDR will also go to the present applicants. Hence, following order is passed to dispose of the chamber summons. ORDER (i) Chamber Summons is made absolute in terms of prayer clause (a). (ii) There shall be no order as to costs. (iii) Now that the decree is set aside, execution application filed by the judgment creditor would not survive. Same is posted for dismissal on 30th September, 2010 to appear in the column of dismissal of execution application. (iv) Applicants to inform the judgment creditor accordingly. Sheriff to act on the basis of authenticated copy of this order. (R.Y.GANOO, J.)