Allowed

M/S Moneylicious Capital and Advisory Services Pvt. Ltd. v. Mr. Shujauddin Sahanawaz Shaikh Memon Shaheda Abdul Razzak (Applicant)

Bombay HC3 Jul 2013CHS/426/2013

Case brief

AI extract

What is this about?

In an execution application, the applicant sought to quash a warrant of attachment levied on a flat he owned. The court held that since the property belonged to the applicant, it could not be attached, and the warrant was raised.

What did the court decide?

Warrant of attachment levied on the flat was raised and chamber summons was made absolute.

M/S Moneylicious Capital and Advisory Services Pvt… — Execution and Attachment | Bombay HC (2013)

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IN THE HIGH COURT OF JUDICATURE AT BOMBAY .

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ORDINARY ORIGINAL CIVIL JURISDICTION

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CHAMBER SUMMONS NO.426 OF 2013 IN

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EXECUTION APPLICATION NO.380 OF 2013 IN ARBITRATION NO.MCX/Legal 766A/12

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Memon Shaheda Abdul Razzak ... Applicant In the matter between : M/s Moneylicious Capital & Advisory Services Pvt. Ltd. … Ori. Applicant.

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V/s.

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Mr Shujauddin Sahanawaz Shaikh ... Respondent.

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Mr Pradeep Thorat for Applicant. None for Respondent/Claimant.

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CORAM : R.D.DHANUKA J. DATED : JULY 3, 2013.

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P.C.

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By this chamber summons filed by applicant, applicant seeks an

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order to raise the warrant of attachment levied on Flat No.B-204, Nandini

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Building, Opposite KDS Stores, Seven Bungalows, Andheri – (W), Mumbai 400 061 on 18^th April 2013 at the instance of the original applicant.

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On perusal of the record, it appears that the original applicant had

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Asmita

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applied for execution of decree passed by an order dated 8^th August 2012 pursuant to the order in Arbitration No.MCX/Legal 766A/12.

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Mr Thorat, learned counsel appearing for the applicant invited my attention to the Agreement for Sale dated 11^th November 1980 between M/s Commercial Construction Company and the applicant in respect of the flat in question. My attention is also invited to the share certificate issued by Nandini Co-operative Housing Society Ltd., in respect of the said flat in the name of the applicant. On 6^th August 2010, the applicant had executed Leave & License agreement with Mr Shujauddin S. Shaikh. On expiry of such license, the licensee has handed over possession of the said flat to the applicant on 1^st May 2011.

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It is submitted that after obtaining possession from the erstwhile licensee, applicant has rented the said premises on Leave & license to another licensee who is now in possession of the said flat. It is submitted that respondent is no way concerned with the said flat. Applicant is the exclusive owner and has right, title and in interest in respect of the said flat which, thus, cannot be attached.

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None appeared for the respondent or the applicant in Execution Application though served. No affidavit in reply has been filed.

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On perusal of the documents annexed to the affidavit in support of

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Asmita

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chamber summons, it is revealed that applicant is the exclusive owner in respect of the said flat and in possession thereof through his licensee. In my view, a flat which is owned by the applicant thus, cannot be attached. Warrant of attachment, thus issued by this court is liable to be raised. Chamber summons is accordingly made absolute in terms of prayer clauses (a) and (b). No order as to costs.

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( R.D.DHANUKA, J.)

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Asmita

M/S Moneylicious Capital and Advisory Services Pvt. Ltd. v. Mr. Shujauddin Sahanawaz Shaikh Memon Shaheda Abdul Razzak (Applicant)

Case brief

What is this about?

What did the court decide?

M/S Moneylicious Capital and Advisory Services Pvt. Ltd. v. Mr. Shujauddin Sahanawaz Shaikh Memon Shaheda Abdul Razzak (Applicant)

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Statutes considered

Parties & counsel

Coram

Case details

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