: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. 2097 OF 2007 SUMMONS NO. 2097 OF 2007 SUMMONS NO. 2097 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 297 OF 2007 APPLICATION NO. 297 OF 2007 APPLICATION NO. 297 OF 2007 IN IN IN ARBITRATION ARBITRATION ARBITRATION CASE NO. A-105/05-06 CASE NO. A-105/05-06 CASE NO. A-105/05-06 M/s. ATM Corporation. ... Plaintiff. V/s. M/s. Porwal Textiles. ... Defendant. And Ashok Nathmal Jain. ... Applicant. Mr. P.M. Purohit for the Plaintiff. Mr. Ramesh Jain for the Applicant. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 02ND 02ND 02ND APRIL 2009. APRIL 2009. APRIL 2009. P.C. P.C. P.C. : : : . This is a Chamber Summons by the Applicant praying for raising of Attachment levied pursuant to the Warrant of Attachment, copy of which is annexed as Exhibit G and H to the affidavit in support. 2. The Decree Holder has not filed any reply. The Applicant has on affidavit stated that the Flats are in possession in his capacity as a lawful tenant. The business is being carried on from the said premises since 2004. The Defendant in this case is one Porwal Textiles. It is categorically stated on oath that the Defendant has no right, title or interest in the subject property. The property belongs to the Applicant and his brother. None :2: of the averments in the affidavit in support are controverted. The contents of the documents are also not disputed. 3. In these circumstances, the Chamber Summons is made absolute in terms of prayer clause (a). However, there will be no order as to costs. The Warrant of Attachment stands set aside and the property is released from Attachment. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)