1 17-680-09.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY srj ORDINARY ORIGINAL CIVIL JURISDICTIION CHAMBER SUMMONS NO.680 OF 2009 IN EXECUTION APPLICATION NO.218 OF 2008 IN SUMMARY SUIT NO.2684 OF 2006 M/s. Associates Brothers .. Plaintiff Vs. M/s. Falmacon Polymers .. Defendants. And Anchor Daewoo Industries .. Applicants. Ms. S. John i/b. M.P.Savala & Co., for Applicants. CORAM : R.Y.GANOO, J. DATE : 21st FEBRUARY, 2011 P.C.: 1 The Applicants have taken out this Chamber Summons for raising of the attachment with regard to the flat more particularly described in prayer (a) of the Chamber Summons. It is noticed that on account of certain liabilities incurred by Defendant in the Summary 2 17-680-09.sxw Suit No.2684 of 2006, the decree has been passed and the same is being executed. It is also noticed that in the process of execution that flat in question came to be attached pursuant to Warrant of Attachment dated 26th August, 2008. 2 The Applicants have came to the court for the purpose of raising of the attachment on the ground that the flat in question was purchased by the Applicants on 10th December, 2007 when the said flat was to be put up for sale by Bank of Baroda for the purpose of recovery of their dues from the present Defendants and that the Applicants have produced certificate of sale and other documents. Though, the Plaintiffs were served with the Chamber Summons, there is no affidavit in reply filed by the Plaintiffs. Having perused the necessary papers annexed to the affidavit in support of the Chamber Summons, I am inclined to observe that the Applicants have made out case that on the day when the attachment was levied on the suit flat, the suit flat was not owned by any of the Defendants. In view of this, attachment is required to be raised by granting Chamber Summons. Hence, the following order is passed:- 3 17-680-09.sxw (i) Chamber Summons is made absolute in terms of prayer clause (a). (ii) Attachment levied on 26th August, 2008 on the flat described in prayer clause (a) is raised. (iii) Plaintiff to pay cost to the Sheriff within 15 days from today. (iv) Chamber Summons is disposed off in above terms with no order as to costs. (R.Y.GANOO, J.)