M/S.Shriram City Union Finance Ltd v. Mr.D.Purushothaman Properitor M/S.Om Ganesh Mirror Industries
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) FRIDAY, THE 22ND DAY OF NOVEMBER 2019 THE HON'BLE MRS. JUSTICE PUSHPA SATHYANARAYANA A. No.2097 of 2019 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of Arbitration of dispute between - Shriram City Union Finance Limited - and - Mr.D.Purushothaman and others - Loan Agreement No.
ADYA1TF1803270005 - Dated 26.03.2018.
M/s. Shriram City Union Finance Limited, having its Registered Office at No:123, Angappa Naicken Street, Chennai, rep.by its Authorised Signatory Mrs.E.Ramya ... Applicant -Versus1. Mr.D.Purushothaman Proprietor M/s. Om Ganesh Mirror Idustries No:53, Perumal Mudali Street, Sowcarpet, Chennai 600 079.
2. Mrs.Santhanalakshmi Propritrix of M/s. Metro Mirror Industries No:28/35, Dakshinamoorthy Illam, CR Garden Street, Purasawakkam, Chennai - 600 007.
... Respondents
3. The General Manager - Accounts Integral Coach Factory
/ 2 / Dr.Ambedkar Road, Integral Coach Factory Area, ICF North Colony, Konnur, Chennai - 600 038.
... Garnishee Application praying that this Hon'ble Court be pleased to pass a prohibitory order against the Garnishee restraining and prohibiting them from paying any amount to the tune of Rs.1,24,90,994/- to the respondents or any person claiming under them and direct the Garnishee to deposit the said amount into this Hon'ble Court to the credit of this application and consequently restraining the prohibiting the respondents, their agents, representatives or authorised persons from receiving any amount from the Garnishees until further orders of this Hon'ble Court pending initiation and disposal of the arbitral proceedings and the enforcement of the award. This Application coming on this day before this court for hearing the court made the following order:
This application is filed for seeking a prohibitory order against the Garnishee, who is the third respondent, Integral Coach Factory, restraining them to make any payment to the tune of Rs.1,24,90,994/- to the respondents or any person claiming under them.
2. After service of notice, the Garnishee has filed a memo dated 16.12.2019. In which, it is stated that most of the purchase orders are either completed or cancelled and while scrutiny of the bill status report, it is seen that the payment has been made by Purchase Order No.07/08/0074/1393
/ 3 / for 100 Nos. amounting to Rs.43,050/- during June 2018. The Garnishee has further informed that there are no bills pending as on date in their department to be payable to the respondents 1 and 2.
3. The said memo filed by the Garnishee dated 16.12.2019 is taken on record.
4. Considering the fact that there is no amount payable by the third respondent/garnishee to the respondent Nos.1 and 2, this application is closed.
Sd/.P.S.N.J.
22.11.2019 //Certified to be a true copy// Dated this the day of 2020. SU/28.02.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.