Cholamandalam Investment And Finance Co Ltd v. Triveni Aliyas Sayyed Ayesha

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 24-06-2026

CORAM

THE HON'BLE MR.JUSTICE K.KUMARESH BABU M/s.Cholamandalam Investment and Finance Company Limited, Chola Crest, C54-55 & Super B - 4, Thiru-vi-ka Industrial Estate, Guindy, Chennai - 600 032, Represented by its Authorised Signatory.

..Petitioner(s) Vs 1.Triveni Aliyas Sayyed Ayesha 2.The Branch Manager Indian Bank, Velivennu Branch D.No.72-3-72, Velivennu (Post) Undrajavaram (Mandalam) East Godavari District - 534 355.

..Respondent(s) Prayer Arbitration Application under Order XIV Rule 8 of Original Side Rules read with Section 9(ii)(b) of the Arbitration and Conciliation Act, 1996 praying to pass an order prohibiting the Garnishee from making payment upto a limit of Rs.12,83,308.21 to the Respondent by withholding the salary of Respondent every month 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 witholding 1/3rd of the remainder salary and restrain the respondent from receiving the salary amount so withheld from the Garnishee and further direct the Garnishee to deposit the amount of salary so withheld every month to the credit of the above application pending initiation and disposal of arbitration proceedings between the Applicant and the Respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings.

For Petitioner(s):

Mr.D.Pradeep Kumar For Respondent(s):

No appearance *****

O R D E R

This application has been filed to pass an order prohibiting the Garnishee from making payment upto a limit of Rs.12,83,308.21 to the Respondent by withholding the salary of Respondent every month 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 witholding 1/3rd of the remainder salary and restrain the respondent from receiving the salary amount so withheld from the Garnishee and further direct the Garnishee to deposit the amount of salary so withheld every month to the credit of the above application pending initiation and disposal of arbitration proceedings between the Applicant and the Respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings.

2. In spite of notice through Court having been served on the respondents, the respondents had neither chosen to appear before this Court in person nor are being represented by a counsel. The names of the respondents have been reflected in the cause-list. They were called absent and set ex parte.

3. I have considered the submissions made by the learned counsel for the applicant and also perused the materials placed on record.

4. This Court is of the view that the applicant has made out a prima facie case for passing an order prohibiting the Garnishee from making payment upto a limit of Rs.12,83,308.21 and also finds that award had been passed on 02.02.2026.

5. Upon considering the facts and circumstances of the case and the submissions made by the learned counsel for the applicant, this Court is satisfied with the prayer sought for in this application and in fine, this application is ordered as prayed for.

24-06-2026 Index: Yes/No Speaking/Non-speaking order Maya

K.KUMARESH BABU, J.

Maya Dated : 24-06-2026