1 CHS2039.09.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 2039 OF 2009 WITH CHAMBER SUMMONS NO. 897 OF 2009 WITH CHAMBER SUMMONS NO. 423 OF 2010 WITH CHAMBER SUMMONS NO. 1432 OF 2010 IN EXECUTION APPLICATION NO. 387 OF 2006 IN ARBITRATION CASE NO. ARB/BMCB/AAM/157 OF 2004 The Bombay Mercantile Co.Op. Bank Ltd. ... Claimants. V/s. M/s. Gaurav Oceanic Shipping Ltd. & Ors. ... Defendants. Ms. Sapna Rachure i/b. M/s. T.N. Tripathi & Co. for the Claimants. Mr. Pankaj S. Shah for Respondents 2(a), 2(b), 4 and 5. CORAM : R.Y. GANOO, J. DATED : 24th FEBRUARY 2011. P.C. :- It is noticed that on 27th January 2009, certain orders were passed in Chamber Summons No. 1487 of 2006, thereby giving time to the Respondent Nos. 2(a), 2(b), 4 and 5 to pay the amount in a time bound manner. It is noticed that these Respondents could not pay the amount as per the time schedule provided. The Chamber Summons is taken out for seeking time. Though the Chamber Summonses were taken 2 CHS2039.09.sxw out before the time would expire, the Chamber Summonses could not come up for hearing. Now the Chamber Summonses are taken up for hearing. By lapse of time, they have become infructuous. Hence, they are required to be dismissed as having become infructuous. It is noted that the aforesaid Respondents have taken out the Chamber Summons No. 7 of 2011 for seeking extension of time as set out in prayer clause (c) and have sought pardon from the Court for not making payment before 31st December 2009. That Chamber Summons will have to be heard on merits. 2. In view of the above, following order is passed in the aforesaid Chamber Summonses mentioned in the title of this order :- (i) These Chamber Summonses have become infructuous on account of lapse of time. (ii) They are disposed of with no orders with no order as to costs. (R.Y. GANOO, J.)