Sundaram Bnp Paribas Home Finance Ltd v. Sharada Prasanna Parija
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 16/7/2020 C O R A M THE HON'BLE MR.JUSTICE N.SATHISH KUMAR A.No.1449 of 2019 Sundaram BNP Paribas Home Finance Limited Rep. By its Authorised Signatory Mr.Udayakumar N A Company incorporated under the Companies Act, 1956 and having its registered office at 21, Patullos Road, Chennai - 600 002 and inter alia having an office at Sundaram Towers, 46, Whites Road, Chennai - 600 014.
... Applicant -Versus1.Sharada Prasanna Parija Plot No-A/12, Surya Nagar, Bhubaneswar, Khurda, Surya Nagar, Bhubaneswar - 751003, Orissa.
2.Mr Barada Prasanna Parija Plot No-A/12, Surya Nagar, Bhubaneswar, Khurda, Surya Nagar, Bhubaneswar - 751003, Orissa.
3.Mrs Indumati Devi, Plot No-A/12, Surya Nagar, Bhubaneswar, Khurda, Surya Nagar, Bhubaneswar - 751003, Orissa.
4.Mr Durga Prasanna Parija Plot No-A/12, Surya Nagar, Bhubaneswar, Khurda, Surya Nagar, Bhubaneswar - 751003, Orissa.
...Respondents 1-4
5.B.N.Parida & Co, rep.by its Partner Sharada Prasanna Parija Indoo, A/12, Surya Nagar, Bhubaneswar - 751003. 6.The Orissa Industrial Infrastructure Corporation rep. By its Chairman and Managing Director A Government of Odisha Corporation IIDCO Towers, Janpath, Bhubaneshwar.
...Respondents 5-6/
Garnishee 5- 6 Applications filed under XIV Rule 8 of Original Side Rules, 1956 r/w. Section 9 of the Arbitration and Conciliation Act, 1996. For applicant ...
Mr.P.V.Balasubramanian - - - - - -
O R D E R
This application has been filed to pass prohibitory order prohibiting the fifth respondent from making any payments to the first to fifth respondents and consequently directing the sixth respondent to deposit a sum of Rs.1,72,29,116/- (Rupees One Crore seventy two lakhs twenty nine thousand one hundred and sixteen only) being the arbitral claim due to the applicant as on 26/5/2018 and further permit the applicant to withdraw the
said amount.
2. Though the order has been passed by this Court on an earlier occasions, directing the sixth respondent to deposit the amount if any, withheld by the garnishee payable to the fifth respondent, Divisional Head, IDCO, BCD-III, BBSR, has filed an affidavit, dated 15th April, 2019, stating that the sixth respondent has cleared the payment of all dues of fifth respondent long back. Affidavit is taken on record.
3. In such a view of the matter, instant application is closed. Liberty is granted to the applicant to work out his remedy as per law.. Sd/.N.S.K.J.
16.07.2020 //Certified to be a true copy// Dated this the th day of 2020. Su.01.10.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.