- 1 - 7.chs.1211.10 skt IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION CHAMBER SUMMONS NO.1211 OF 2010 IN EXECUTION APPLICATION NO. 480 OF 2010 IN ARBITRATION CASE AR/BCB/DHE/938 OF 2009 The Bharat Co-operative Bank (Mumbai) Ltd. ..Claimant -Versus- Ms.Disha C. Khanna & Ors. ..Opponents -And- Poonam Taparia d/o. Jugal Kishore Kabra ..Applicant .......... Mr.A.K.Moily for the Claimant-Bank. Mr.Anand Mishra i/by Ashok Saraogi for the Applicant. .......... CORAM : S.J. KATHAWALLA, J. DATE : 22ND MARCH 2011. P.C. 1 Heard the learned counsel appearing for the Claimant-Bank. He submits that the property of the Applicant namely Flat No.401, Suman Cooperative Housing Society Limited, Panch Marg, Off Yari Road, Versova, Andheri (West), Mumbai 400 061 is wrongly attached and that the - 2 - 7.chs.1211.10 said flat does not belong to the borrowers i.e. Ms.Disha C. Khanna or her father-Mr.Chand Kishore Khanna, who are the judgment debtors. 2 The learned Advocate for the Claimant-Bank agrees that the Chamber Summons may be allowed in terms of prayer clause (a). However, he submits that the present order should not prejudice the rights of the Claimant to execute the decree by attaching the properties of the judgment debtors. 2 In view thereof, the Chamber Summons is allowed in terms of prayer clause (a) with a clarification that the same will not prejudice the rights of the Claimant-Bank as regards execution of the decree dated 30th July 2010 against the judgment debtors. [ S.J. KATHAWALLA, J. ] -