*1* chs.1724.11.exa.670.11.911.sxw kps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1724 OF 2011 IN EXECUTION APPLICATION NO.670 OF 2011 IN ARB.CASE.LOT.60 A13764/2009 Tata Motors Finance Ltd.. ..Claimant -versus- Mulchand Jaylwal. ..Respondent -And- Shivshankar M. Vaishnav. ..Applicant ............ Mr.Manoj Prajapati a/w Ms.Aditi Phatak i/by Mohit Gadkari & Company, for the Claimant. Mr.N.N.Vaishnawa i/b N.N.Vaishnawa & Company, for the Applicant. ............ CORAM : S.C.DHARMADHIKARI, J. Date : 30th November, 2011. P.C.: 1 The original Claimant (M/s Tata Motors Finance Ltd.) has been served with a copy of this Chamber Summons. M/s Tata Motors Finance Ltd. has filed the Execution Application for execution of the award in its favour as a decree of this Court. The award has been made against Mulchand Jaylwal (Respondent). The Respondent is absent though served. The Applicant (Shivshankar Vaishnav) states that the immovable property which is attached in execution of the decree in favour of the Claimant (Tata Motors Finance Ltd.) does not belong to the Respondent (Judgment Debtor). The flat has been sold to the Applicant by one Rajesh Patel. The flat was already sold to Rajesh Patel by the Respondent on 30.09.2008. Today, rights, title and interest in the flat *2* chs.1724.11.exa.670.11.911.sxw together with possession thereof has been transferred in favour of the Applicant. 2 The documents evidencing the same are annexed to the affidavit in support of the Chamber Summons. 3 The learned counsel appearing for the Claimant, on instructions, makes a statement that the attached property no longer belongs to the Respondent (Mulchand Jaylwal) and therefore, the attachment thereon be raised. The Claimant is satisfied with the statements made in the affidavit in support and with the contents of the documents annexed thereto. 4 In the light of this statement, the Chamber Summons is taken up for hearing and final disposal at this stage itself. It is, accordingly, disposed of and the attachment is raised. The Chamber Summons is made absolute in terms of prayer clause (a). Needless to clarify that the Claimant can proceed to execute the decree against the Respondent by attaching his movable and other immovable properties. All rights and contentions of the Claimant in that behalf are kept open. (S.C. Dharmadhikari, J)