1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY O. O. C. J. CHAMBER SUMMONS NO.1329 OF 2009 IN EXECUTION APPLICATION (LODG.) NO.504 OF 2009 IN SUMMARY SUIT NO.2435 OF 2008 Euroferco N.V. ..Plaintiff. Vs. Shree Precoated Steel Ltd. ..Defendant. .... Mr. Chirag Balsara i/b Vikram Philip and Associates for the Plaintiff. Mr. Chetan Kapadia with Mr. Rajesh Thakkar i/b K. Ashar & Co. for the Defendant. .... CORAM : DR. D.Y. CHANDRACHUD, J. 24th August, 2009. P.C. : The Chamber Summons has been taken out for an order directing the Defendant to deposit the decreetal sum and upon its failure to do so, for an attachment of assets. During the course of the hearing of the Chamber Summons, counsel appearing on behalf of the decree holder has stated before the Court that the decree holder is advised to take recourse to appropriate proceedings under Order 21 for levying attachment and 2 no specific directions are necessary in terms of prayer clause (a) or (b) of the Chamber Summons. Learned counsel, however, drew the attention of the Court to a letter dated 11th August, 2009 addressed by Essar Steel Ltd. to the advocates for the decree holder stating that the company is in the process of acquiring an undertaking of the judgment debtor on a slump sale basis as defined in Section 2(42C) of the Income Tax Act 1961 as a result of which the litigation in question has been retained by the judgment debtor and that Essar Steel shall not be responsible for the payment of the decreetal dues. Counsel appearing on behalf of the judgment debtor stated that the property more particularly described in Sr. No.1 of Exhibit E is subject to a mortgage in favour of Allahabad Bank and State Bank of India; the property described at Sr. No.2 of Exhibit E is subject to a mortgage in favour of Bank of Baroda, whereas the property described at Sr. No.3 of the said Exhibit E does not belong to the judgment debtor. In view of the aforesaid statement, no further reliefs are pressed in the Chamber Summons. The Chamber Summons is accordingly disposed of. *****