:1: :1: :1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1296 OF 2006 IN SUMMARY SUIT NO.1351 OF 2000 S.P.Capital Financing Ltd ...Plaintiffs Versus Simplex Enterprises Ors. ....Defendants AND Nisha Jhaveri & Anr. ...Respondents. ====== Mr.P.S.Shah for the plaintiffs. Mr. Ruchir Dholakia i/by.Amit Sheth, Adv. for the Defendant nos.1 and 2. CORAM: S.C.DHARMADHIKARI, J. DATED: 7TH APRIL, 2008. P.C. P.C. P.C. : : : 1. This Chamber Summons is in execution and the relief claimed therein is that the judgment Debtors-Original Defendants and the Respondents be directed to furnish solvent securities and/or Bank guarantee of nationalised Bank with regard to the decreetal claim in pursuance of the Decree dated 20.11.2002 as modified on :2: :2: :2: 9.6.2003. 2. When this Chamber Summons was placed before me, my attention was invited by the Judgment Debtors to the Affidavit filed in reply and it was urged that after the Decree, a sum of Rs.15,95,000/- has been paid. They also urged that due disclosure has been made with regard to movable and immovable property. Credit has not been given for the sum which has already been paid. 3. Mr.Shah, appearing for the Decree Holder-plaintiff states that credit will be given for the amount which has already been paid and appropriate adjustments would be made. The Judgment Debtors now seek further time to pay the balance sum alongwith interest as due and payable on 7.4.2008. However, it is urged that the amount cannot be paid immediately. The Judgment Debtors seek 6 months time to pay the balance sum alongwith interest. 4. Mr.Shah appearing for the Decree holder opposes this prayer and states that nearly 6 years have gone by, from the date of the Decree. In such :3: :3: :3: circumstances, this court should not grant more time and allow the execution to proceed. 5. After hearing both sides, in my view, interest of justice would be subserved, if time is granted till 31.8.2008 to the Judgment Debtors to pay the balance sum with interest. If the sums are paid on/or before 31.8.2008 then the plaintiffs can move to have the Decree marked satisfied. In default, the execution to proceed and all such properties, assets, movable and immovable, can be proceeded against for recovery. All pleas in that behalf are kept open. Chamber Summons is disposed off in the above terms. However, the Judgment Debtors to pay costs quantified at Rs.5,000/- sd/- ********