: 1 : chs-1281-10=.sxw USJ IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER OF SUMMONS NO. 1281 OF 2010 IN EXECUTION APPLICATION NO. 17O OF 2007 IN SUMMARY SUIT NO. 1855 OF 1992 The Minerals & Metal Trading Corprn. Of India. .. Plaintiffs v/s. Deep Vijay Exports .. Defendants And Parag J. Salot .. Applicant ......... Mr. D.J. Dhanure i/by Juris Consults for plaintiffs Mr. Krunal Sampat i/by S.K. Jain for applicant in CHS. ......... CORAM : R.Y.GANOO, J. DATE : 27th SEPTEMBER,2010. P.C. : 1. By this chamber summons, applicant wants that attachment levied in respect of flat described in the affidavit in support i.e. flat no. 402, The Borivali Samarpan Building Co-op. Housing Society Ltd., Rokadia Cross Lane, Borivali (W), Mumbai – 400 092 (for short said flat) be raised. Affidavit-in-reply is not filed despite reasonable time was granted to the plaintiffs to show as to why this chamber summons should not be granted. 2. The plaintiffs secured the decree against M/s. Deep Vijay Exports, : 2 : chs-1281-10=.sxw a proprietary firm run by Jaysukh S. Salot, father of the present applicant. The said decree is dated 15th December, 1995. Towards execution of the decree, plaintiffs wanted to attach the said flat and sell it. The applicant has come out with the contention that defendant has no concern with the said flat and, therefore, attachment should be raised. 3. I have perused the documents to the affidavit-in-support. The said flat originally stood in the name of Smt. Susheela Dilip Soni. Membership Certificate issued by the aforesaid society standing in the name of Smt. Susheela Dililp Soni joined with Dililp J. Soni is relied upon. By an Agreement to Sale dated 4th September, 2000, said flat was agreed to be sold in favour of the applicant. Thereafter, said Agreement to Sale was registered and Confirmation Deed dated 28th December, 2004 was also executed and registered. Thereafter, in the books of the society the name of the applicant is shown as a member. The applicant is residing in the said flat and enjoying the same as his own. 3. Learned Counsel for the plaintiffs could not show even on the basis of documents relied upon by the applicant or by any other document that Jaysukh S. Salot or his proprietary firm was concerned : 3 : chs-1281-10=.sxw with the flat in question. If this be so, it was totally wrong on the part of plaintiffs to pray for attachment on the said flat. Across the bar, learned Counsel for the plaintiffs submitted that Jaysukh S. Salot is residing with the present applicant and, therefore, the flat is required to be attached. This argument cannot be accepted. The present applicant happens to be son of Jaysukh S. Salot. If present applicant has provided shelter to Jaysukh S. Salot that would not mean that Jaysukh S. Salot is connected to the said flat as a owner. In order to have property attached in execution of the decree, the said property must be owned by the judgment debtor or the judgment debtor must have some right in the said property. Plaintiffs have not been able to show anything in this behalf and as such the attachment levied is illegal and the same is required to be raised. In view of the above, following order is passed to dispose of the chamber summons. ORDER (i) Chamber summons is made absolute in terms of prayer clause (a). (ii) Attachment levied on the flat described above stands raised. There shall be no order as to costs. (iii) Sheriff of Bombay to act on the basis of authenticated copy of this order. (R.Y.GANOO, J.)