IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO.1746 OF 2003 IN SUIT NO.1815 OF 1998 Adani Exports Ltd. ..Plaintiff Vs. Kamlaben M.Desai and Ors. ..Defendants And Union of India through Tax Recovery Officer, Mumbai ..Applicant Mr.D.H.Mehta i/b Desai and Diwanji for the plaintiff Mr.S.R.Rajguru for the defendants/Applicant CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J CORAM : S.U.KAMDAR, J DATED : 7TH OCTOBER, 2005 DATED : 7TH OCTOBER, 2005 DATED : 7TH OCTOBER, 2005 P.C.: . It is an admitted position that suit itself is disposed of by order and judgment dt.5.12.01 and the Receiver is in possession of property in execution. In that view of the matter, prayer clause (a) of the motion does not survive. All questions in execution have to be determined by way of Chamber summons under Section 47 r.w High Court Rules, Original Side. Motion is not maintainable. Motion dismissed accordingly. Liberty is granted to the applicant to take out appropriate legal proceeding as permissible in law.