1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1170 OF 2007 IN SUMMARY SUIT NO. 1323 OF 2003 M/s. Prince Pipes & Fittings Pvt. Ltd. ...Plaintiffs Vs. M/s. Shree Rana Enterprises ...Defendants And Smt. Shijitha Dharmesh Trivedi & Anr. ...Applicants Mr.Sunil Kanojia with Neeta Solanki i/b. Kiran Jain for Plaintiffs Mr.R.B.Parab for Applicants CORAM: SMT.ROSHAN DALVI, J. DATED: 5TH MAY, 2008 P.C. 1. Chamber Summons is taken out by the Applicants for raising attachment levied upon the property purchased by the Applicants under the registered Agreement for Sale dated 10 th November 2005. 2. The agreement for sale is duly stamped. The suit property which is a residential flat, has been transferred to the Applicants by one Gopalkrishna Vyas, who is stated to be the power of attorney of the Defendants in the said 2 agreement for sale. The share certificate of the Society shows transfer in favour of the Applicants on 25 th February 2006. 3. Upon the Ex-parte decree dated 23 rd September 2003 obtained by the Plaintiffs. The Applicants sought to levy attachment and attached the property of the Plaintiffs on 14 th June 2007. This registered transfer has taken place prior to the date of attachment. Consequently under Section 64 of C.P.C this attachment cannot be declared void. 4. The Applicant has produced the certified copy of the registered Agreement of Sale along with the original receipt of registration showing the certified copy being issued by the Sub- Registrar of Assurances at Borivali. Such a document is admissible in evidence and carries the presumption as to its correctness. Hence, the transfer made thereunder cannot be challenged. Consequently the attachment levied on the property needs to be raised. 5. In view of the registered transfer prior to the attachment, the attachment cannot survive. 6. Chamber Summons is made absolute in terms of prayer clause (a). No order as to costs. 3 7. The original documents are returned to the Applicants' Advocate. (SMT. ROSHAN DALVI, J.)