Madras High Court
M/S.Sundaram Finance Limited vs M.Venkatachalam on 19 November, 2020
Author: P.T. Asha
Bench: P.T. Asha
A.Nos.493 to 496 of 2020
IN THE HIGH COURT OF JUDICATURE AT
MADRAS
Dated : 19.11.2020
CORAM
THE HONOURABLE Ms. JUSTICE P.T. ASHA
A.Nos.493 to 496 of 2020
M/s.Sundaram Finance Limited,
having its Registered Office at
No.21, Patullos Road, Chennai – 600 002,
rep. by its Senior Manager (legal),
Mr.N.Madhusudhanan ... applicant
(in all applications)
Vs.
1.M.Venkatachalam
2.M/s.N.M.Transport,
A partnership firm carries on business at No.17/2,
3rd Cross Street, Shastri Nagar, Annathanapatti,
Salem - 636 002,
rep by its partner, Mrs.Thilgavathy Senthil Kumar
... respondent
(in all applications)
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A.Nos.493 to 496 of 2020
(2nd respondent impleaded as per order dated
17.08.2020 in A.Nos.1625, 1626, 1627 & 1628 of
2020)
Prayer in A.No.493 of 2020: Judges Summons filed
under Order XIV Rule 8 of O.S.Rules read with Section
9 (ii) (a) (b) and (e) of the Arbitration and Conciliation
Act, 1996, to pass a prohibitory order against the
Garnishee restraining and prohibiting them from paying
any amount to the tune of Rs.9,26,527/- to the
respondent or any person claiming under him and
direct the Garnishee to deposit the said amount into
this Court to the credit of this application and
consequently restraining and prohibiting the
respondent, his agents, representatives or authorised
persons from receiving any amount from the
Garnishees until further orders of this Hon'ble Court
pending initiation and disposal of the arbitral
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A.Nos.493 to 496 of 2020
proceedings and the enforcement of the award.
Prayer in A.No.494 of 2020: Judges Summons filed
under Order XIV Rule 8 of O.S.Rules read with Section
9 (ii) (a) (b) and (e) of the Arbitration and Conciliation
Act, 1996, to pass a prohibitory order against the
Garnishee restraining and prohibiting them from paying
any amount to the tune of Rs.39,80,129.35ps to the
respondent or any person claiming under him and
direct the Garnishee to deposit the said amount into
this Court to the credit of this application and
consequently restraining and prohibiting the
respondent, his agents, representatives or authorised
persons from receiving any amount from the
Garnishees until further orders of this Hon'ble Court
pending initiation and disposal of the arbitral
proceedings and the enforcement of the award.
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A.Nos.493 to 496 of 2020
Prayer in A.No.495 of 2020: Judges Summons filed
under Order XIV Rule 8 of O.S.Rules read with Section
9 (ii) (a) (b) and (e) of the Arbitration and Conciliation
Act, 1996, to pass a prohibitory order against the
Garnishee restraining and prohibiting them from paying
any amount to the tune of Rs.30,06,591/- to the
respondent or any person claiming under him and
direct the Garnishee to deposit the said amount into
this Court to the credit of this application and
consequently restraining and prohibiting the
respondent, his agents, representatives or authorised
persons from receiving any amount from the
Garnishees until further orders of this Hon'ble Court
pending initiation and disposal of the arbitral
proceedings and the enforcement of the award.
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A.Nos.493 to 496 of 2020
Prayer in A.No.496 of 2020: Judges Summons filed
under Order XIV Rule 8 of O.S.Rules read with Section
9 (ii) (a) (b) and (e) of the Arbitration and Conciliation
Act, 1996, to pass a prohibitory order against the
Garnishee restraining and prohibiting them from paying
any amount to the tune of Rs.30,07,462.00/- to the
respondent or any person claiming under him and
direct the Garnishee to deposit the said amount into
this Court to the credit of this application and
consequently restraining and prohibiting the
respondent, his agents, representatives or authorised
persons from receiving any amount from the
Garnishees until further orders of this Hon'ble Court
pending initiation and disposal of the arbitral
proceedings and the enforcement of the award.
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A.Nos.493 to 496 of 2020
For Applicant : Mr.R.Umashankar
(in all applications)
For Respondent : Mr.Gauthaman
For Garnishee
COMMON ORDER
The above applications were filed for prohibitory order against the garnishee, the 2nd respondent from disbursing any amounts to the 1st respondent.
2. After notice was ordered and the respondent had entered appearance, this Court has been directing the garnishee to release the payment due by them to the 1st respondent in favour of the applicant. The 1st respondent had filed a memo dated 10.11.2020 stating that in all they had paid a sum of Rs.79,50,000/- and a sum of Rs.29,00,000/- was due. Thereafter, 6/9 http://www.judis.nic.in A.Nos.493 to 496 of 2020 negotiations were held between the 1st respondent and the applicant, as a result of which the applicant had agreed to receive the sum of Rs.23,00,000/-, towards full and final settlement of their claims. It was agreed that this sum of Rs.23,00,000/- shall be paid by the 2nd respondent garnishee from out of the amounts that are payable by them to the 1st respondent.
3. When the matter came up on 11.11.2020, this Court directed the 1st respondent to file a better memo since the earlier memo filed on 10.11.2020 did not make any mention about the payment of the money by the garnishee to the applicant.
4. Today, when the matter was called, a memo has been filed on the side of the 1st respondent in which it has been clearly stated that the 2nd 7/9 http://www.judis.nic.in A.Nos.493 to 496 of 2020 respondent owes the 1st respondent a sum of Rs.24,76,000/- as on 10th November 2020.
5. The 1st respondent would submit that from out of this amount, a sum of Rs.23,00,000/- shall be paid by the garnishee to the applicant on or before 09.12.2020.
6. Post the matter on 10.12.2020 under the caption "For Reporting Compliance".
19.11.2020
Internet : Yes/No
Index :Yes/No
Speaking / Non-Speaking
kan
P.T. ASHA. J,
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kan
A.Nos.493 to 496 of 2020
19.11.2020
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