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Madras High CourtA/1272/2021closed

M/S.Cholamandalam Investment And Finance Co.,Ltd., v. Mr.Ramamurthy.K. And Another

2021-06-17Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 17TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.1272 of 2021 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd and Mr.Ramamurthy K & another Arising under loan Agreement No.XVFPATN00002673180 Dated 26.11.2018.

M/s.Cholamandalam Investment and Finance Company Limited, No. 45, Justice Basheer Ahmed Sayeed Building, II Floor, 2nd Line Beach, Moree Street, Parrys, Chennai-600 001.

Represented by its Authorised Signatory . . . Applicant

Versus

1.Mr.Ramamurthy K, S/o. Kodiyagowdar, Plot No. 60 & 61, Pragathi Nagar Colony, Rangareddy, Near Temple, Hyderabad, Telangana - 501301.

... Respondent 2.Hindustan Petroleum Corporation Ltd., South Central LPG Zone, 6th Floor, Varun Towers, Siripuram Junction , Visakhapatnam, Andra Pradesh - 530 003.

... Garnishee

Application praying that this Hon'ble Court be pleased to pass an order prohibiting the Garnishee from making payment of a sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- to the respondent or to respondent's men, agents, representatives or to anyone claiming on respondent behalf and restrain the respondent or respondent's men, agents, representatives or anyone claiming on respondent behalf from receiving a sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- from the Garnishee and further direct the Garnishee to deposit the sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- to the credit of the above application.

This application coming on this day before this court for hearing in the presence of Mr.D. Pradeep Kumar, Advocate for the Applicant herein, and upon reading the judges summons and the affidavit of S.Sivasubramanian, filed herein and the learned counsel for the applicant having submitted that the notice sent to the garnishee has not been served and hence, this application may be closed with a liberty to the applicant to file a fresh application against the correct garnishee and it is ordered as follows:- That the A.No. 1272 of 2021 do stand closed.

2. That the Applicant herein shall be at liberty to file a fresh application against the correct garnishee.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 17TH DAY OF JUNE 2021.

Sd/- ASSISTANT REGISTRAR (Comm. Cases) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

EVK 02/07/2021 A. No.1272 of 2021

ORDER

DATED : 17.06.2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR FOR APPROVAL: 22/07/2021 APPROVED ON: 23/07/2021

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) THURSDAY, THE 17TH DAY OF JUNE 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A. No.1272 of 2021 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd and Mr.Ramamurthy K & another Arising under loan Agreement No.XVFPATN00002673180 Dated 26.11.2018.

M/s.Cholamandalam Investment and Finance Company Limited, No. 45, Justice Basheer Ahmed Sayeed Building, II Floor, 2nd Line Beach, Moree Street, Parrys, Chennai-600 001.

Represented by its Authorised Signatory . . . Applicant

Versus

1.Mr.Ramamurthy K, S/o. Kodiyagowdar, Plot No. 60 & 61, Pragathi Nagar Colony, Rangareddy, Near Temple, Hyderabad, Telangana - 501301.

... Respondent 2.Hindustan Petroleum Corporation Ltd., South Central LPG Zone, 6th Floor, Varun Towers, Siripuram Junction , Visakhapatnam, Andra Pradesh - 530 003.

... Garnishee

Application praying that this Hon'ble Court be pleased to pass an order prohibiting the Garnishee from making payment of a sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- to the respondent or to respondent's men, agents, representatives or to anyone claiming on respondent behalf and restrain the respondent or respondent's men, agents, representatives or anyone claiming on respondent behalf from receiving a sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- from the Garnishee and further direct the Garnishee to deposit the sum of Rs.7,46,581/- or any amount upto the extent of Rs.7,46,581/- to the credit of the above application.

This Application coming on this day before this court for hearing, the court made the following order:- This application has been filed to prohibit the garnishee from making payment of a sum of Rs.7,46,581/- to the respondents or his men and to restrain the respondents and his men from receiving the above sum from the garnishee and further direct the garnishee to deposit the said sum to the credit of the above application.

2. When the matter was taken up today, the learned counsel appearing for the applicant submitted that the notice sent to the garnishee

has not been served and hence, this application may be closed with a liberty to the applicant to file a fresh application against the correct garnishee.

3. Accordingly, this application is closed with liberty to the applicant to file a fresh application against the correct garnishee. Sd./-N.S.K.J.

17/06/2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.