M/S. Cholamandalam Invesment And Finance Company Limited v. Mr.Moses Narsing Namwad And Another

Arb.Appln.No.106 of 2023 Arb.Appln.No.106 of 2023 in A.No.2047 of 2021 KRISHNAN RAMASAMY, J.

The present Application has been filed to raise the prohibitory order dated 23.07.2021 made in A.No.2047 of 2021 whereby prohibiting the Garnishee from making payment upto a limit of Rs.6,80,319.13/- to the respondent by withholding the salary of respondent to the extent as contemplated in Section 60 of C.P.C.viz after deducting the first Rs.1,000/- of the salary of the respondent and withholding 1/3rd of the remainder salary and deposit the amount of salary so withheld evey month to the credit of the application.

2.

Learned counsel appearing for the applicant submitted that pursuant to the order of this Court dated 23.07.2021, the garnishee has been wihtholding the salary of the respondent and depositing the amount to the credit of the application No.2047 of 2021. Therefore, the respondent has approached the applicant and urged for amicable settlement and also reported no objection to file application for payment of amount of Rs.55,000/- which was also deducted and deposited to the credit of the application. Therefore, learned counsel seeks, this Court to raise the prohibitory order dated 23.07.2021.

https://www.mhc.tn.gov.in/judis

Arb.Appln.No.106 of 2023 KRISHNAN RAMASAMY, J.

3.

After completion of service, the names of the respondents have also been printed in the cause list. When the matter is taken up today, there is no appearance on behalf of the respondents. 4.

Considering the submission made by the learned counsel appearing for the applicant and this Court already ordered payment out of a sum of Rs.55,000/- in A.No.105 of 2023, the prohibitory order dated 23.07.2021, made in A.No.2047 of 2021, is hereby raised. 5.

Accordingly, this application is ordered.

06.03.2023 AT Arb.Appln.No.106 of 2023 in A.No.2047 of 2021 https://www.mhc.tn.gov.in/judis