1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1735 of 2004 In Execution Application No.155 of 2003 In Summary Suit No.1614 of 2001 Dr.Birija B. Paul .. .. .. Plaintiff V/s. Century Consultants Ltd. .. .. Defendant A n d M.Visvevarya Industrial Research & Development Centre. .. .. Applicants WITH Chamber Summons No.1736 of 2004 In Execution Application No.146 of 2003 In Summary Suit No.2530 of 2001 Dr.Birija B. Paul & anr. .. .. .. Plaintiffs V/s. Century Consultants Ltd. .. .. Defendant A n d M.Visvevarya Industrial Research & Development Centre. .. .. Applicants Mr.Bharat Vaishnava i/by N.N. Vaishnava & Co. for Plaintiffs. Mr.F.P. Pooneewala with Ms.P. Mehta i/by Little & Co. for Applicants. ----- 2 CORAM : SMT.ROSHAN DALVI, J. Dated : 13 th June, 2008 P.C. : 1. Both these Chamber Summonses are taken out for raising attachment levied on Unit No.1, 11 th Floor, World Trade Centre, Colaba, Cuffe Parade, Mumbai. The Applicants were allotted the land by Government Resolution dated 16.10.1970 . The Applicants were put in possession of the suit land. They have constructed a building. Though the lease is not executed, the Government Resolution prevails. 2. The Defendant was only the licensee of the Applicants under the licence executed on 3.10.2000. It is executed on the Stamp Paper of Rs.20/- . The Licence Agreement was on an adequately Stamp Paper on the date of the licence. It may be stated that the provisions of Section 36- A of the Bombay Stamp Act for ad- valorem licence fee came into force from 1.5.2001. 3. The Defendant is stated to be absconding from the date of the licence itself. Hence, though the Applicants have paid the required registration charges on 22.5.2001, the Agreement has remained to be registered. Nevertheless, since it is seen that the Defendant is a licensee, the Defendant has had no interest in the suit property which 3 could be attached. Hence, the attachment levied on Unit No.1, 11 th Floor, World Trade Centre, Colaba, Cuffe Parade, Mumbai is raised. [SMT.ROSHAN DALVI, J.]