*1* chs.1502.09.exa.25.09.930.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1502 OF 2009 IN EXECUTION APPLICATION NO.25 OF 2009 IN ARB.CASE ARB/JSB/06/2007 The Jain Sahakari Bank Ltd.. ..Decree Holder -versus- Samir B. Kapadia. ..Judgment Debtor/Respondent -And- Bhupendra Kapadia and another. ..Applicants/Interveners ............ Mr.R.V.Vengurlekar, for the Decree Holder. Mr.Shadab Peerzada i/b Munir Merchant, for the Applicants/Interveners. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 18th October, 2011. P.C.: 1 This is an application made by the Applicants/ Interveners to raise attachment that has been levied on the movables. The matter has been repeatedly adjourned from time to time and possibly with a view to enable the Applicants and original Respondent to put an end to the claim of the Decree Holder/Bank. 2 The Bank had extended certain facilities and therefore, it has to recover from the Judgment Debtor/Respondent (Samir Kapadia) as per the warrant and execution application, a sum of Rs.16,11,983/-. The Bank proceeded to levy attachment on the movable properties in possession of the Judgment Debtor at which stage the Judgment Debtor’s father and mother have moved this application and they have stated in the affidavit in support of this application that the flat was purchased by a registered agreement by them and their son is residing with them. They have set out *2* chs.1502.09.exa.25.09.930.sxw as to how they acquired the flat, but which version is controverted by the Decree Holder/Bank and it is not necessary to deal with the same, at this stage, to decide this application. This application only concerns with the attachment levied on the movables in the flat, namely, Flat No.502, Earth Sampann, 198-200, Khetwadi Main Road, Mumbai-400004. The Applicants are residing therein along with son (Samir Kapadia). It is stated by them that the furnitures, fixtures and movable articles which are attached are exclusively owned by the father and in his lawful possession. The son (Samir Kapadia) does not have any right, title and interest either in the movable or immovable properties. 3 It is stated that the matter was adjourned so as to enable the Applicants, prima facie, to show that the movables have been acquired by them. The movables are set out in the inventory and which include colour television (flat model) of Sony, DVD Player i.e. Home Theatre and it also includes split AC in the bed room. 4 Despite several adjournments, nothing has been produced to show that the articles, which can be attached in execution although they are movables, have been acquired by the Applicants. There is no receipt leave alone any other document forthcoming from the Applicants to indicate that the movables have been acquired by them. In these circumstances, it is not possible to go on adjourning the matter. The application is pending in this Court from 2009. The Chamber Summons is moved on 16.06.2009, but till date save and except vague statement that the movables belong to the Applicants, nothing has been brought on record. In these circumstances, this Chamber Summons is dismissed, but without any order as to costs. (S.C. Dharmadhikari, J)