*1* chs.1389.11.exa.317.11.920.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1389 OF 2011 IN EXECUTION APPLICATION NO.317 OF 2011 IN AWARD DT.15.09.2009. M/s International Films Distributors (I) Pvt.Ltd.. ..Claimant -versus- M/s Worldwide Entertainment Group. ..Respondent -And- Sanjay Hariram Jumani. ..Applicant ............ Ms.Mamta Shah, for the Claimant. Mr.Amit Surve i/b Khaitan & Jaykar, for the Applicant. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 18th October, 2011. P.C.: 1 This is a Chamber Summons under Order XXI Rule 58 of the Code of Civil Procedure, 1908 requesting that the attachment levied on the immovable property more particularly described in the warrant of attachment be raised. 2 The Applicant (Sanjay Jumani) has filed two affidavits in which he has stated that the immovable property, namely, Flat No.8, Palm Crest, Main Avenue, Santacruz (West), Mumbai-400054 has been purchased in the year 1982 by him from the owner (Deepak Chawla) under the Agreement for Sale dated 26.02.1982, copy of this agreement for sale is annexed to the additional affidavit in support and even original has been perused by me. 3 Pursuant to this agreement, the Society has transferred the share certificate No.8 in the name of the Applicant on 28.04.1982. The *2* chs.1389.11.exa.317.11.920.sxw original share certificate with endorsement bearing the said date in favour of the Applicant has also been perused by me. 4 Upon a query from the Court as to whether, the flat which has been attached belongs to the Respondent/Judgment Debtor or can it be said that the Applicant is claiming through the Respondent/ Judgment Debtor, the Claimant’s counsel could not point out anything, save and except stating that she has no idea of the movable and immovable properties of the Respondent/ Judgment Debtor. The Execution Application is filed to execute the award that is made in favour of the Claimant. That award dated 15.09.2009 is deemed to be a decree and therefore, enforceable as such. 5 However, from perusal of both affidavits, I have found that the said Flat No.8 is a flat belonging to the Applicant (Sanjay Jumani) and he has satisfied the Court that the same could not have been attached. He has satisfied the Court that he has acquired independent rights, title and interest in this immovable property from one Deepak Chawla. He is in possession of the said property and he is also paying the Society charges. In these circumstances, the attachment on this flat could not have been levied. 6 As a result of the above discussion and nothing contrary being pointed out by the Claimant’s counsel, the Chamber Summons is made absolute in terms of prayer clause (c). The attachment is raised, but without prejudice to the rights and contentions of the Claimants in the Execution Application and reserving their right to execute the decree in accordance with law including to attach other movable and immovable properties belonging to the Judgment Debtor. No order as to costs. (S.C. Dharmadhikari, J)