1 CHS1351.10.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 1351 OF 2010 IN CHAMBER SUMMONS NO. 1868 OF 2007 IN EXECUTION APPLICATION (L) NO. 324 OF 2007 IN ARBITRATION PETITION NO. 5 OF 1988 Union of India, through the Chief Engineer, Bhabha Atomic Research Centre. ... Claimants. V/s. M/s. Western India Construction Co. & Ors. ... Respondents. Mr. Ashok Varma for the Claimants. Ms. T. Dalvi for Respondent 2 and proposed Respondent 7. CORAM : R.Y. GANOO, J. DATED : 24th JANUARY 2011. P.C. :- Heard learned Counsels on both sides. This Chamber Summons is taken out for bringing on record Respondent No.7 in whose favour certain property held by Respondent No.2 at one point of time is gifted and that is why the Claimants want to chess Respondent No.7 for the purposes of attachment of the said property. 2 CHS1351.10.sxw 2. Learned Counsel for the Claimants submitted that the Society where the particular flat was situate has informed the Claimants that Ms. Daisy M. Sanjana, Respondent No.2 gifted the said flat in favour of Respondent No.7. Once the flat is gifted in favour of Respondent No.7, undoubtedly, Respondent No.2 cannot be held responsible for the said flat and the said flat cannot be attached in execution of the decree unless Claimants want to challenge the said transaction as illegal and done in contemplation to avoid the decree. As of today, this Chamber Summon is not maintainable for the aforesaid reasons and the same is dismissed. 3. In the facts and circumstances of the case, the Claimants to give to Respondent No.2 as well as Respondent No.7 together costs of Rs.1,000/-. (R.Y. GANOO, J.)