M/S.Cholamandalam Investment v. Mrs.Namitha Kumari Pal

Appln.No.5089 of 2016 T.S.SIVAGNANAM,J.

Heard the learned counsel for the applicant.

2. The first respondent availed loan from the applicant for purchase of vehicle. It is seen that the vehicle has been secreted away and it is not available for the finance company to proceed against. The first respondent is working under the second respondent. Considering the state of affairs as regards the realisation of the dues, the present application is taken out to direct the second respondent/Garnishee to attach the salary of the first respondent - Mrs.Namitha Kumari Pal to the tune of Rs.12,56,320.51/- and deposit the said amount to the credit of this application. 3.Notice was ordered in this application on 04.10.2016. Though, service of notice has been effected and names of the respondents are printed in the cause list, there is no representation for the respondents.

T.S.SIVAGNANAM,J.

msk 4.Having regard to above, this Court is inclined to grant the prayer as sought for in this application. Hence, there shall be a direction to the second respondent/Garnishee to attach the salary of the first respondent, by name Mrs.Namitha Kumari Pal to the tune of Rs.12,56,320.51, and the same shall be deducted every month, as contemplated Section 60 of CPC, and deposited in Court, to the credit of this application, namely, A.No.5089 of 2016. The officer concerned is directed to deduct not exceeding the amount of Rs.12,56,320.51 (Rupees Twelve Lakh Fifty Six Thousand Three Hundred and Twenty and Fifty One paise only`), being the claim of the applicant. This application is ordered accordingly.

5.The applicant shall communicate this order to the respondents in any one of the legally recognised modes.

09.12.2016 msk Appln.No.5089 of 2016 http://www.judis.nic.in