IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 717 OF 2007 IN EXECUTION APPLICATION NO.51 OF 2007 IN AWARD DATED 14TH JULY, 2006 M/s. Dilsa Distributors ...Complainants Vs. M/s. Vivek Arts ...Respondents Ms.Mamta Shah – Applicant to Notice No.2082/2007 Mr.S.A.Shetty i/b. Shetty & Asso., for Garnishee Mr.S.R.Saudagar Applicant in Ch.Smns.717 /2007 CORAM: SMT.ROSHAN DALVI, J. DATED: 16 TH SEPTEMBER, 2008 P.C. 1. One Vivek Sharma, son of the Proprietor of the Respondent against whom the above Award is passed has applied for raising the attachment levied by the Awardholder on his flat as well as the movable properties. The attachment sought to levied under Order XXI Rule 43 and 54 of CPC in respect of the movables as well as the immovables. 2. So far as the flat which is sought to be attached, the Applicant has produced the registered agreement for sale dated 9 th June, 2004 along with the registration slip dated 11th June, 2004 showing the flat purchased from the initial title holder one Nancy Menezes. The share certificate in respect of the Society has also been accordingly altered. Under this registered agreement the Applicant has taken a loan from ICICI Bank. The Applicant has paid EMIs in respect of the loan as per the EMI schedule of ICICI Bank from his own bank account. 3. The attachment has been levied well after the document was registered in favour of the Applicant under the Award dated 14 th July, 2006. Attachment in respect of the flat is, therefore, required to be raised. 4. The movables in the flat are sought to be attached as per the inventory of the articles prepared on 4th April, 2007. No evidence whatsoever with regard to the ownership of the movable items is produced. The attachment levied thereon cannot be raised. Hence, the following order:- ORDER 1. The Chamber Summons is made absolute in terms of prayer clause (a). 2. Prayer (b) and ( c ) are refused. 3. Garnishee Notice is adjourned to 22 nd October, 2008. (SMT. ROSHAN DALVI, J.)