Final Order 1

Order Details: Chamber summons
Pdf Text: ..1.. CS 1936/2019 in EA 519/2017
MHCC010110932019 CS filed on : 04/10/2019
Registered on : 02/11/2019
Decided on : 24/09/2025
Duration : 05 Y : 11 M : 22 D
IN THE BOMBAY CITY CIVIL COURT, GREATER MUMBAI AT
MAZGAON
CHAMBER SUMMONS NO.1936 OF 2019
IN
EXECUTION APPLICATION NO.519 OF 2017
IN
SUIT NO.4395 OF 2011 (DISPOSED OFF)
Water Field Properties P. Ltd. )...Applicant
IN THE MATTER BETWEEN :
M/s. Swagat Freight Carriers Pvt. Ltd. )...Plaintiff/
decreeholder
VERSUS
M/s. Structured Clothing Company )
Pvt. Ltd. )...Judgment
debtor/Defendant
Appearances :-
Ld. Adv. Onkar Warange for applicant.
Ld. Adv. Pankaj Thatte for plaintiff/decreeholder.
CORAM : HIS HONOUR JUDGE
SACHIN SURYAKANT PATIL
COURT ROOM NO.84
DATE : 24/09/2025.
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O R D E R
1) This chamber summons is taken out by applicant for lifting of
attachment warrant against the immovable property. Decreeholder has
filed reply. Heard both the parties.
2) According to applicant, it is not the judgment debtor. The
property attached in present execution is not owned by judgment
debtor. The property of applicant has been wrongly attached. Judgment
debtor has no right, title and interest in the property attached. The
applicant was not a party to the suit. The property of applicant is not
liable to be attached towards the recovery of decretal amount. Hence,
this chamber summons.
3) According to decreeholder, the chamber summons has been filed
after long delay after the attachment. The writ summons in the original
suit was served on the defendant company on the address of the
attached property. The property has been attached properly. The
applicant has not filed the registered agreement of sale deed on record.
It has just filed a share certificate and copy of unregistered agreement
for sale which are not the documents of title. Hence, the chamber
summons be dismissed.
4) This is the execution application filed for execution of decree
passed in Suit No.4395 of 2011 for recovery of amount. The property
Flat No.111, 11th floor, Kshitij Co-operative Housing Society Ltd., Hill
Road, Bandra, Mumbai has been attached. According to applicant, said
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..3.. CS 1936/2019 in EA 519/2017
property belongs to the applicant company and not judgment debtor
company. Applicant has produced the copy of share certificate as well as
copy of agreement on record. The decreeholder has not produced any
document to show that the property attached is owned by the judgment
debtor. The judgment debtor is Structure Clothing Company Private
Limited. The applicant is Water Field Properties P. Limited which is
different legal entity. Merely because the suit summons was served on
the address of the attached property, the Court cannot presume that the
property belongs to judgment debtor.
5) Advocate for Decreeholder has relied upon following judgments -
a) Brakewel Automotive Components (I) Pvt. Ltd., Vs. P.
R.Selvam Alagappan, 2017(3) Bom. C.R. 439;
b) Vijay Dattatray Naik Vs. Makarand V. Naik & Ors,
2015(5) BCR 72;
c)Canara Bank Vs. Metal and Metals Industries and
Pankaj Rajkumar Sureka, 2009(1) ALL MR 53;
d) Essar Shipping Limited Vs. R. C. Coastal Exports Pvt.
Ltd. 2009(1) Mh.L.J. 170;
e)TCI Finance Ltd. Vs. Calcutta Medical Centre Ltd.,
2005 AIR(SC) 3654 and
f) Vibra Fibre P. Ltd. Vs. Aryaman Financial Services Ltd,
2005(3) Bom. C.R. 537.
6) I have through the judgments relied upon by decreeholder. The
facts of those cases are different than the case in hand. Some of the
judgments relied upon by decreeholder, the family members of
judgment debtor had raised the objection to the attachment of property.
Facts of present case are quite different. In present case, judgment
debtor company and applicant company are both separate and different
legal entities.
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7) It is settled principal of law that for attachment of any immovable
property during the execution the decreeholder has to show that the
property is owned by the judgment debtor or judgment debtor has
disposable interest in the property. In the present case, the decreeholder
has not produced any document to that effect in order to show that
judgment debtor has disposable interest or title in the attached property.
On the contrary, the applicant company has produced the copy of share
certificate as well as agreement dated 06/12/1985 showing that the
property belongs to the applicant company. In such circumstances, as
the decreeholder has failed to produce any document to show the
ownership or title of judgment debtor, the attachment needs to be
revoked. Hence, I pass the following order :
ORDER
1. Chamber Summons No.1936 of 2019 is hereby
allowed.
2. Attachment warrant issued on 19/06/2018 against
immovable property flat No.111, 11th floor, Kshitij Co-
operative Housing Society Ltd., situated at Hill Road,
Bandra, Mumbai – 400050, stands revoked.
3. Chamber Summons is disposed of accordingly.
(Order dictated and pronounced in open Court)
( Sachin Suryakant Patil )
Judge, City Civil & Sessions Court, Mazgaon,
Mumbai, C.R. No.84.
Date: 24/09/2025.
Dictated and typed on : 24/09/2025.
Signed by HHJ on : 24/09/2025.
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..5.. CS 1936/2019 in EA 519/2017
“CERTIFIED TO BE TRUE AND CORRECT COPY OF THE ORIGINAL
SIGNED JUDGMENT/ORDER.”
Upload Date Upload Time Sonali S. Naik
Name of Stenographer26/09/2025 05.00 p.m.
Name of the Judge (With C.R. No.) HHJ SACHIN SURYAKANT PATIL
(COURT ROOM NO.84)
Date of Pronouncement of
JUDGMENT / ORDER
24/09/2025
JUDGMENT / ORDER signed by
P.O. on
24/09/2025
JUDGMENT / ORDER uploaded on 26/09/2025
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