1 chs1635-07.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No. 1635 of 2007 in Execution Application No.227 of 2007 in Suit No. 1400 of 2006 Thomas (Press) India Limited .. Plaintiffs v/s. English Edition Publisher & Distributors (I) Pvt. Ltd. ..Defendant And UCO Bank ..Applicants Mrs.M.R.Patel for the Applicant. None for the Plaintiff. None for the Defendant CORAM : R.Y.GANOO, J. DATED : 9th February, 2011 P.C. : 1. Mrs. Patel for the applicant. None for the plaintiffs. None for the defendants. 2. By warrant of attachment dated 26.7.2007, the immovable property namely certain flats have been attached. By another warrant of 2 chs1635-07.sxw attachment dated 26.7.2007, the movable property lying in those three flats have been attached. 3. The applicant, UCO Bank have filed this Chamber Summons for raising of the two warrant of attachments on the ground that both these properties covered by the two warrant of attachments have been mortgaged/hypothecated towards UCO Bank and they have first charge over the property. 4. I have heard learned Counsel Mrs Patel for the applicants. She in the course of arguments submitted that the properties attached as per the two warrant of attachments are owned by the defendants. If this is the position then the warrant of attachment cannot be raised. 5. Learned Counsel for the applicants contended that the bank has first charge over the said properties and therefore the warrant be raised. This submission cannot be accepted. The question whether the bank has the first charge or not shall be considered by the Court executing the decree and that too after the sale proceeds are recovered. Certainly, if the property attached is owned by the defendants there is 3 chs1635-07.sxw no question of raising of attachment. Hence following order is passed to dispose of the Chamber Summons. ORDER i) Chamber Summons is dismissed. There shall be no order as to costs. ii) After the aforesaid order is passed, learned Counsel Mrs.Patel states that the three flats have already be sold. The situation will not change so far as the question of raising of attachment. [R.Y.GANOO, J.]