JUDGMENT :- This Chamber Summons is taken out by the applicant/Intervener Bank for raising the attachment levied by the plaintiff over the mortgaged property which is Gala No. 301-C, in Viren Light Industrial Premises Co-operative Society Ltd. on plot No. 408 Mogul Lane, Mahim, Mumbai-400 016. The Intervener claims to be the secured creditor of the defendant under a mortgage decree by deposit of title deeds with them. The Intervener has produced the title deeds deposited with the Intervener enumerated in a Memorandum of Understanding. These are contained in:

(a) an agreement on an adhesive stamp paper of Rs. 5/- for the aforesaid property showing receipt by the vendor who was the earlier owner of the said gala for Rs. 30,500/- received from the defendant by Cheque No. 384607 of United Commercial Bank Matunga, Mumbai. The agreement further shows the declaration of the vendor that he has not created any lien or entered into any agreement on the same unit and that the defendant in the suit shall abide by the rules and regulations of the society. The agreement further shows that a letter requesting the secretary of the society to transfer the share certificates to the name of the defen

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