Madras High Court
M/S Cholamandalam Investment And ... vs Mr. Mohankumar S on 11 September, 2020
Author: N.Sathish Kumar
Bench: N.Sathish Kumar
A.No.8297 of 2019
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATE: 11.09.2020
CORAM
THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR
A.No.8297 of 2019
M/s Cholamandalam Investment and Finance Company Limited,
' Dare House' , No.2, NSC Bose Road,
Parrys, Chennai-1.
Rep. by its Authorised signatory. ... Applicant
Vs
1. Mr. Mohankumar S. ... Respondent
2. Tamilnadu Water Supply & Drainage Board,
Maintenance Division (Siruvani), Coimbatore,
Tamilnadu.
3. Assistant Executive Enginee,
Tamil Nadu Water Supply & Drainage Board,
Maintenance, Sub Division, Mettupalayam,
Coimbatore, Tamilnadu. ... Garnishees
Prayer: Application filed under Order XIV Rule 8 of Madras
High Court Original Side Rules r/w Section 9(ii)(b) of the Arbitration
and Conciliation Act, 1996 to pass an order prohibiting the garnishees
from making payment upto a limit of Rs.4,33,840.01 to the respondent
by withholding the salary of the respondent every month to the extent
as contemplated in Section 60 of CPC viz., after deducting the first
Rs.1000/- of the salary of the respondent and withholding 1/3rd of the
remainder salary and restrain the respondent from receiving the salary
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A.No.8297 of 2019
amount so withheld from the garnishees and further direct the
Garnishees to deposit the amount of salary so withheld every month to
the credit of the above application pending disposal of arbitration
proceedings between the applicant and the respondent and till
enforcement of the award that may be ultimately passed in the
arbitration proceedings.
For Applicant : Mr.D.Pradeep Kumar
For Respondents : No appearance
ORDER
This application has been filed to pass an order prohibiting the garnishees from making payment upto a limit of Rs.4,33,840.01 to the respondent by withholding the salary of the respondent every month to the extent as contemplated in Section 60 of CPC and further direct the Garnishees to deposit the amount of salary so withheld every month to the credit of the above application pending disposal of arbitration proceedings between the applicant and the respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings.
2. Heard the learned counsel for the applicant. Though service was completed on the respondent, none appeared on behalf of Page 2 of 4 http://www.judis.nic.in A.No.8297 of 2019 the respondent.
3. The garnishees are hereby prohibited from making payment to the respondent by attaching the salary of the respondent as contemplated under Section 60 of CPC and the garnishees shall deposit the amount so with held, to the credit of this application.
3. Accordingly, this petition is closed. No costs.
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