1 CHS1339.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1339 OF 2010 IN EXECUTION APPLICATION NO. 60 OF 2002 IN ARBITRATION PROCEEDING NO. 23 OF 1999 M/s. Manipal Finance Corporation Ltd. ... Claimants. V/s. M/s. Krishna Plastochem Ltd. & Anr. ... Respondents. And Syndicate Bank. ... Respondent. Mr. Ramesh Jain for the Applicant/Orig. Claimants. Mr. S.R. Shetty for the Respondent (Syndicate Bank). CORAM : R.Y. GANOO, J. DATED : 24th JANUARY 2011. P.C. :- This Chamber Summons is taken out by the Claimants to stop sale of the property more particularly set out in the public notice viz. Flat No.B-6, 3rd floor, Prashant Sadan CHS Ltd. Eksar Road, Borivali (West), Mumbai – 400 092 admg. 515 sq.ft. (for short said flat). 2. I have heard learned Counsels on both sides. Learned Counsel Mr. Ramesh Jain appears for the Claimants submitted that the aforesaid flat was attached in the execution of decree against M/s. Krishna Plastochem Ltd. and Mr. K. Ranganathan way back in 2002. He further pointed out that Syndicate 2 CHS1339.10.sxw Bank – Respondent attached the property in 2010 and therefore, they have no right to dispose of the property when attachment levied against the Claimant in 2002. 3. In order to ascertain whether the said flat was rightly attached or not, I inquired with the learned Counsel for the Plaintiffs as to whether the Claimants have any document to show that the said flat was at the time of levying attachment owned by any of the Respondents – Judgment Debtors. Learned Counsel Mr. Jain in reply submitted that there is no such document to show that the said flat was at the time of attachment owned by the Judgment Debtors. If this be so, the very attachment levied on the said flat at the request of the Claimants in the year 2002 was illegally done. In view of this, without going into further questions, I am inclined to set aside the warrant of attachment levied on the said flat which was levied in the year 2002. 4. If this is the position, the Chamber Summons taken out by the Claimants to stop sale of the said flat at the instance of the Respondents cannot be granted as the Claimants have no right over the said flat whatsoever. 5. Hence, following order is passed :- (i) Warrant of attachment levied on the Flat No.B-6, 3rd floor, Prashant Sadan CHS Ltd. Eksar Road, Borivali (West), Mumbai – 400 092 is raised. 3 CHS1339.10.sxw (ii) The Chamber Summons is dismissed in the facts and circumstances of the case. There shall be no order as to costs. (iii) If there is any interim order in pursuance of this Chamber Summons, that stands vacated. 6. After the aforesaid order is passed, learned Counsel Mr. Jain prays for the operation of the order be stayed. Request is rejected. (R.Y. GANOO, J.)