Cholamandalam Investment And Finance Co Ltd v. Zabiulla
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 09-02-2026
CORAM
THE HONOURABLE Mr. JUSTICE N. ANAND VENKATESH Arb Appln Nos.148 & 149 of 2026 IN A.No.8291 of 2019 Cholamandalam Investment And Finance Co Ltd Chola Crest, C 54 and 55, Super B-4, Thiru Vi Ka Industrial Estate Guindy, Chennai Applicant(s) in both cases Vs
1. Zabiulla 2.Mohanmadhi A 3.The Head Master Girls Govt. Higher Secondary School Palacode, Dharmapuri, Tamil Nadu 4.District Educational Officer District Education Office, Palacode Dharmapuri, Tamil Nadu Respondent(s) in both cases Arb Appln No. 148 of 2026 PRAYER To order payment out of a sum of Rs.4,20,364/- together with accrued interest standing to the credit of A.No.8261 of 2019, by issue of Cheque in favour of the Applicant.
Arb Appln No. 149 of 2026 PRAYER To raise the Prohibitory order dated 04/06/2020 made in A.No.8291 of 2019 whereby prohibiting the Garnishee from making payment up to a limit of Rs.4,24,218.59 to the 2nd Respondent by withholding the salary of 2nd Respondent every month to the extent as contemplated in Section 60 of CP.C. viz after deducting the first Rs.1,000/- of the salary of the 2nd Respondent and withholding 1/3rd of the remainder salary and restrain the 2nd Respondent from receiving the salary 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.
For Applicant in both cases :
Mr.D.Pradeep Kumar https://www.mhc.tn.gov.in/judis
N. ANAND VENKATESH, J.
gya COMMON ORDER These applications have been filed seeking for raising the prohibitory order and for permitting the applicant to withdraw the amount deposited to the credit of A.No.8291 of 2019.
2.Heard the learned counsel for the applicant and carefully perused the materials available on record.
3.In the affidavit filed in support of the application, it is mentioned that the matter has been amicably settled between the applicant and the respondents. In view of the same, the applicant has come forward with the present applications to raise the prohibitory order and for payment out lying in the credit of A.No.8291 of 2019, in order to withdraw the same and to return the amount to the respondents.
4.In the considered view of this Court, since the matter has been settled between the parties, the prohibitory order passed by this Court on 04.06.2020 is hereby raised and the payment out application is allowed and the applicant shall be permitted to withdraw the amount lying in the credit of A.No.8291 of 2019 along with accrued interest, if any and the applicant, in turn, shall handover the amount to the respondents.
These applications are disposed of in the above terms. gya 09-02-2026 Arb Appln Nos.148 & 149 of 2026 IN A.No.8291 of 2019 https://www.mhc.tn.gov.in/judis