1 chs1940-09.sxw pps IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION Chamber Summons No.1940 of 2009 in Execution Application No.331 of 2009 in Dispute No.H/03/180/03 The Madhavpura Mercantile Co-op. Bank ltd. ..Applicant v/s. Tribhuvandas Bhikabhai Nadiawala & Ors. ..Opponents And Smt. Trupti Parag Shah ..Claimant Mr.A.K.Sharma for the Claimant Mr. R.A.Shaikh for the Applicant Mr.Amin Kherada for the Opponent CORAM : R.Y.GANOO, J. DATED : 4th March, 2011 P.C. : 1. This Chamber Summons has been taken out by the applicant to have raising of attachment in regard to the flat more particularly described in prayed clause (b). 2 chs1940-09.sxw 2. The applicant claims to be owner of the flat on the ground that she has purchased it from the developer by name Groovy Developer & Builders. 3. On perusal of the Agreement to Sale, it is clear that this flat has nothing to do with any of the defendants against whom the decree is passed. 4. Learned Counsel Mr. A.K.Sharma appearing on behalf of the claimant bank submitted that monies to purchase the said flat was supplied by defendant no.4 Navinchandra Manilal Shah by borrowing money from the claimant bank. In the normal course, how the flat purchaser raises the fund to purchase the flat is not to be considered while raising the attachment. Even if the word of the bank is accepted that defendant no.4 borrowed monies and made the said monies available to the applicant for purchase of the said flat, that by itself will not mean that the said flat is owned by defendant no.4. The bank has granted loan to defendant no.4. The defendant no.4 has made use of the said monies as per his choice and therefore the bank cannot have claim over that. 3 chs1940-09.sxw 5. Argument made by Mr.Sharma is therefore to be rejected. 6. There is no other material produced before the court by learned Advocate Mr.Sharma to show that the suit flat was owned by the defendant no.4. 7. In view of the above, I am inclined to allow the chamber summons. 8. The applicant has applied for condonation of delay in taking out the chamber summons. Once the chamber summons is required to be granted on merits, the question of condonation of delay is to be decided in favour of the plaintiffs. Hence following order is passed. ORDER i) Chamber Summons is made absolute in terms of prayer clauses (a), (b) and (c). There shall be no order as to costs. ii) Claimant Plaintiff to pay Sheriff charges as per the rules within three weeks. [R.Y.GANOO, J.]