1 chs954-10.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No. 954 of 2010 in Execution Application No.526 of 2009 in Arbitration Proceeding No. F&O/M-0772/2008 Angel Capital & Debit Market Ltd. .. Plaintiff v/s. Mr. Chander Kapoor ..Defendant And Mr.Rajiv Chandrashekar Kashikar ..Applicant Mr.Hiren Mehta for the Plaintiff Mr.Vinod Tayde for the Applicant-proposed respondent. CORAM : R.Y.GANOO, J. DATED : 26th August, 2010 P.C. : 1. By this application, the applicant has prayed that warrant of attachment levied on the property, more particularly described in the prayer clause (a) of the Chamber Summons be raised. The applicant has annexed to the present chamber summons documents to show that the flat in question was alloted to him by MHADA after 2 chs954-10.sxw successful draw in favour of the applicant. Exhibit E to the chamber summons shows that consent was given by MHADA Officers to put applicant in possession of the property. Thereafter the applicant has been paying dues as per the demands raised by the co-operative society. 2. Counsel for the plaintiffs produced before the court certain bills issued by the telephone department wherein the address of the defendant pertains to the suit flat. Counsel for the plaintiffs could not produce before the court any document to show atleast prima facie that the defendant is the owner of the suit flat. If this is the position, the attachment levied will have to be raised. It will be open for the plaintiffs to carry out investigation and attach such of the properties which are owned by the defendant, ofcourse on production of appropriate documents. In view of the above, the Chamber Summons is made absolute in terms of prayer clause (a). There shall be no order as to costs. [R.Y.GANOO, J.]