1 CHS613.95.sxw JPP IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO. 613 OF 1995 IN TAMIL NADU SUIT NO. 141 OF 1981 M/s. Hiru Purshothaman Wire Mills. ... Plaintiffs. V/s. M/s. B.R. Wires & Ors. ... Defendants. And Rajashree N. Vaid. ... Applicant. Mr. V.S. Kokitkar for the Plaintiffs. Mr. H.V. Chande for the Applicant. CORAM : R.Y. GANOO, J. DATED : 22nd NOVEMBER 2010. P.C. :- This Chamber Summons is taken out for raising of attachment levied on the tenanted premises being Flat No. 17, 4th floor, Bhagwan Mension, Cinema Road, Bombay – 20. The tenancy is for the benefit of Rajashree N. Vaid, who is the sole proprietor of M/s. N.K. Enterprises. The Applicant has admitted that the rent receipts are issued in the name of N.K. Enterprises. All this will go to show that Rajashree N. Vaid is the beneficiary so far as the tenanted premises are concerned. These premises have been attached in the execution of the decree. The decree is passed against in all 5 2 CHS613.95.sxw persons/firms and it is an admitted position that Rajashree N. Vaid happens to be wife of Nirmalkumar Ramnivas Vaid, who is a partner of M/s. B.R. Wires against whom decree is passed. After having heard learned Counsels on both sides, I am inclined to raise an attachment as Flat No.17 has no connection with any of the Defendants. Merely because Rajashree N. Vaid happens to be a wife of partner M/s. B.R. Wires, her personal property cannot be attached. On this count, the attachment is required to be raised. 2. Hence, following order is passed :- (i) Chamber Summons is made absolute in terms of prayer clause (a). (ii) Attachment levied on property described in prayer clause (a) stands raised. (iii) There shall be no order as to costs. (R.Y. GANOO, J.)