Madras High Court
Cholamandalam Investment And vs Prospect Engineering on 14 September, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
A.No.9519 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 14.9.2020
CORAM
THE HON'BLE MR.JUSTICE N.SATHISH KUMAR
Application No.9519 of 2019
Cholamandalam Investment and
Finance Company Limited
rep. By its Authorised Signatory
Date House, No.2 NSC Bose Road
Parrys Chennai 600 001. ... Applicant
Vs
1. Prospect Engineering
Prop. Mr.Avinash Chandrakant Virhar
2. Vrushali Avinash Virkar
3. Parle Tilak Vidhyalaya English Medium School
Navpada Vile Parle (East)
Mumbai
Maharashtra 400 057. ... Respondents
Application filed under XIV Rule 8 of Original Side Rules, 1956
r/w. Section 9 (ii) (b) of the Arbitration and Conciliation Act, 1996.
For applicant ... Mr.D.Pradeep Kumar
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A.No.9519 of 2019
ORDER
This application has been filed to prohibit the Garnishee from making payment upto a limit of Rs.14,77,253.06 to the second respondent by withholding the salary of second respondent every month to the extent as contemplated in Section 60 of CPC viz., after deducting the first Rs.1,000/- of the salary of the second respondent and withholding 1/3 rd of the remainder salary and restrain the second respondent from receiving the salary amount so withheld from the Garnishee and further direct the Garnishee to deposit the amount of salary so withheld every month to the credit of the above application till enforcement of the award passed in the arbitration proceedings.
2. Today when the matter is taken up for hearing, Mr.D.Pradeep Kumar, learned counsel appearing for the applicant submitted that service is completed and paper publication also effected. He would further submit that Escorts Mobile Crane bearing Registration No.NL- 02Q-0684 was seized and sold.
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3. Though service was completed on the respondent, none appeared on behalf of the respondent.
4. In view of the above, instant application is ordered as prayed for subject to compliance of Section 60 of C.PC., the amount lying to the credit of the garnishee shall be deposited before the Court to the credit of this application.
14.9.2020 mvs.
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