: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. 995 OF 2007 SUMMONS NO. 995 OF 2007 SUMMONS NO. 995 OF 2007 IN IN IN EXECUTION EXECUTION EXECUTION APPLICATION NO. 73 OF 2007 APPLICATION NO. 73 OF 2007 APPLICATION NO. 73 OF 2007 IN IN IN R.PR. R.PR. R.PR. NO. 23 OF 2006 NO. 23 OF 2006 NO. 23 OF 2006 IN IN IN ORG.A. ORG.A. ORG.A. NO. 1324 OF 2000 NO. 1324 OF 2000 NO. 1324 OF 2000 IN IN IN SUIT SUIT SUIT NO. 1573 OF 1986 NO. 1573 OF 1986 NO. 1573 OF 1986 Bank of India. ... Plaintiff. V/s. Dynacraft Machine Co. Ltd. & Ors. ... Defendants. And Punarvasu Constructions Pvt. Ltd. ... Assignees. And Danomal M. Jagwani & Ors. .. Applicants. Ms. Mamta Sadh i/b. J. Fernandes for the Applicants. Mr. J.P. Sen i/b. Ms. Leena Lolkare for the Assignee. ..... CORAM CORAM CORAM : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. : S.C. DHARMADHIKARI,J. 27TH 27TH 27TH JANUARY 2009. JANUARY 2009. JANUARY 2009. P.C. P.C. P.C. : : : . This is Applicant’s Chamber Summons for raising of the attachment which has been levied on the properties more particularly described in the warrant of attachment dated 20th March 2007 and prayer clause (b) of this Chamber Summons. 2. After the matter was argued for some time, Mr. Sen, appearing for the Decree Holders/Plaintiffs states that the Applicants do have an independent right, title and interest in the attached property. The attached property does not belong to the Judgment Debtors and :2: therefore, appropriate orders be passed on this Chamber Summons. 3. After perusing the Chamber Summons and the affidavit filed on record, I am satisfied that the property was not liable to be attached. Hence, the Chamber Summons is made absolute in terms of prayer clause (b). The Warrant of Attachment to the extent of the property indicated in prayer clause (b) shall stand set aside and the property is freed from attachment. (S.C. (S.C. (S.C. DHARMADHIKARI,J.) DHARMADHIKARI,J.) DHARMADHIKARI,J.)