1 chs370.00.sxw ssm IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.370 OF 2000 IN EXECUTION APPLICATION NO. 22 OF 2000 IN SUMMARY SUIT NO. 362 OF 2000 Smt. Sumitra D. Shah ....Plaintiff. Vs. M/s. Gemini Steel Centre & Ors. ....Defendants. and Sanjay Trilokchand Shah ....Applicant. None for the Applicant. Mr. Bharat Vaishnawa i/by M/s. Bharat Vaishnawa & Co. for the Plaintiff. CORAM :- ANOOP V. MOHTA, J. DATE :- 14 SEPTEMBER 2011. P.C. :- The Applicant has taken out this Chamber Summons in the Execution Application filed in a Summary Suit by the Plaintiff to execute the decree. The Applicant is not the original Defendants. No steps, whatsoever, were taken at the relevant time to contest the Suit. During the execution only by this Chamber Summons the objection is raised to the execution. The averments so raised are denied. Apart from this, the Chamber Summons was taken out in the year 2000, which was dismissed for default in the year 2001. By another 2 chs370.00.sxw ssm Chamber Summons which was taken out for restoration, the same is restored to file on 16 August 2011. Therefore, the order of attachment which was already passed in favour of the Plaintiff in the year 2000, is remained intact till this date. The execution is still pending. 2 However, considering the averments made in the reply and in view of the fact that it is a decree passed in a Summary Suit and as the same was also attained finality, I see there is no reason to pass any order in the Chamber Summons as prayed. 3 However, considering the fact that the claimant is absent, though the matter was called twice, liberty is granted to apply for appropriate order, if instructed, accordingly. 4 The Chamber Summons is disposed of. There shall be no order as to cost. (ANOOP V. MOHTA, J.)