TATA CAPITAL LTD. AND MR. SURESH MOHAN OBEROI (HUF) THRU ITS KARTA MR. SURESH MOHAN OBEROI & VIVEK OBEROI Vs. ANAND SWARUP OBEROI & ANR.

JUDGEMENT

(1.) THE applicants have applied for raising attachment levied under the provisions of Order 21 Rule 54 of the CPC by this Chamber Summons taken out under Order 21 Rule 38(2) thereof. Pursuant to an award dated 20th June, 2009, warrant of attachment came to be levied on 26th July, 2012 and the flat claimed by the applicants in this Chamber Summons came to be attached on 7th August, 2012. The society where the flat is situate was informed about the attachment on 27th August, 2012 by their undated letter. The applicants claim to have been sold a flat by the Respondent who is the Judgment Debtor (JD) under the award under an agreement for sale executed on 6th October, 2010. The agreement has been registered on 8th October, 2010.

(2.) THE agreement is between family members. The applicants are the transferees. They claim to have paid consideration mentioned in the agreement to the JD and his wife in their personal names.

(3.) MR . Sarogi argued on behalf of the applicants that whatever be the award, the document is registered and hence when the attachment is levied prior to the sale of the flat, the flat could be sold. This is inconsonance with Section 64 of the CPC, the relevant part of which runs thus: