*1* chs.1584.11exa.698.11.909.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1584 OF 2011 IN EXECUTION APPLICATION NO.698 OF 2011 IN ARBITRATION CASE-10-588/2010 Kotak Mahindra Bank Ltd.. ..Claimant -versus- Sandeep B. Jindal. ..Respondent -And- Punit Kumar Gupta. ..Applicant ............ Mr.Manoj Prajapti a/w Ms.Aditi Phatak i/by Mohit Gadkari & Company, for the Claimant. Mr.Bipin Joshi, for the Applicant. Mr.Sandeep B. Jindal, Respondent, present in person. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 30th November, 2011. P.C.: 1 The Respondent (Sandeep B. Jindal) to the Execution Application and this Chamber Summons is present. He states that he has handed over the cheques to the Claimant Bank in full and final settlement of the award and decree passed thereon. 2 The Claimant’s Advocate confirms the receipt of these cheques and states that these are post dated cheques. 3 The Respondent (Sandeep B. Jindal) states that if the said cheques are not honoured as and when presented, the Claimant can attach the immovable property belonging to him situate at 204-A, Bhadra Complex, Dehlele Pada, Bophai Village, Dombiwali (East), *2* chs.1584.11exa.698.11.909.sxw Thane-402201. He confirms that this property is not encumbered nor it is subject to any charge nor anybody else is claiming right, title and interest therein. Thus, that property can be sold in execution easily in case of dishonour of cheques. 4 In the light of this statement, the Claimant’s Advocate states that the Claimant has no objection to the Chamber Summons being made absolute in terms of prayer clause (a) and the property belonging to the Applicant and more particularly described thereunder being released from attachment. 5 In the light of the agreement between the parties, this Chamber Summons is made absolute in terms of prayer clause (a) and the Warrant of Attachment stands set aside. No order as to costs. (S.C. Dharmadhikari, J)