:1: IN IN IN THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORDINARY ORDINARY ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION ORIGINAL CIVIL JURISDICTION CHAMBER CHAMBER CHAMBER SUMMONS NO. 1339 OF 2006 SUMMONS NO. 1339 OF 2006 SUMMONS NO. 1339 OF 2006 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 73 OF 2006 APPLICATION NO. 73 OF 2006 APPLICATION NO. 73 OF 2006 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3633 OF 2002 SUIT NO. 3633 OF 2002 SUIT NO. 3633 OF 2002 WITH WITH WITH CHAMBER CHAMBER CHAMBER SUMMONS NO. 1340 OF 2006 SUMMONS NO. 1340 OF 2006 SUMMONS NO. 1340 OF 2006 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 74 OF 2006 APPLICATION NO. 74 OF 2006 APPLICATION NO. 74 OF 2006 IN IN IN SUMMARY SUMMARY SUMMARY SUIT NO. 3634 OF 2002 SUIT NO. 3634 OF 2002 SUIT NO. 3634 OF 2002 Ravikumar Malhotra Karta of Ravikumar Malhotra. ... Plaintiff. (Judgment Creditor) V/s. M/s. Amit International & Anr. ... Defendants. (Judgment Debtors) And Smt. Sunita Kapoor. ... Applicant. None for the Plaintiff. Mr. A.M. Vernekar for the Applicant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 10TH 10TH 10TH FEBRUARY 2009. FEBRUARY 2009. FEBRUARY 2009. P.C. P.C. P.C. : : : . Heard Mr. Vernekar, learned Advocate appearing for the Applicant. This matter was before me on the last occasion and the Decree Holder’s Advocate was present. The Decree Holder’s Advocate has stated that no reply affidavit is filed and this Court may proceed to pass appropriate orders on this Chamber Summons. 2. The Chamber Summons is for raising attachment on the moveables which are enlisted at annexure ’B’ to the :2: affidavit in support. On instructions, Mr. Vernekar states that the Applicant does not press for raising attachment in so far as Item No. 14 of this schedule. He presses the Chamber Summons in so far as Items 1 to 13 of the Schedule. 3. It is stated by the Applicant that the furniture, fixtures, fittings which have been attached are all lying in the residential premises which are more particularly described in para 3 of the affidavit in support. She submits that she is a lessee/tenant of the premises. She states that the Items which are inserted in the Schedule from Sr.Nos.1 to 13 do not belong to the Judgment Debtors nor they were in their possession. She submits that as a lessee/tenant, she is paying rent in respect of the premises. She married the Judgment Debtor in 1975. The Applicant was carrying on business of manufacture of garments and selling the same to the retail outlets from which she earned substantial income. She states that the premises were acquired by her and she has been paying rent in respect thereof. She has purchased the various Items of Household use. She submits that from the year 1982, the Applicant has become completely blind in the sense she has lost vision of both eyes. She is a high diabetic patient. She states that she has purchased the furniture items and details of the purchase alongwith the relevant dates and payments have been set out by her in para 7 of the affidavit in support. :3: 4. Mr. Vernekar relies upon Section 60 of the Code of Civil Procedure and submits that as far as the attachment in the present case is concerned, in the light of the proviso to Section 60(1) sub-clause (A), some of the items could not have been attached. Further, he submits that he has submitted details and which have not been disputed by filing any affidavit in reply. He submits that ceiling fans and air-conditioner so also refrigerators have been purchased from recognized dealers/agents. It is not as if the Applicant has no income. She has given details of her income also but there is no dispute raised by the Decree Holder. 5. After having perused the Chamber Summons and the affidavit in support and finding that there is no reply thereto, in my view, the Chamber Summons will have to be made absolute. More particularly considering the nature of the items mentioned in the schedule which are subject matter of the attachment. 6. In the result, the Chamber Summons is made absolute in terms of prayer clause (b). No costs. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)