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Madras High CourtA/2606/2018withdrawn dismissed

M/S.Shriram City Union Finance v. M/S.Chudasama Navalsingh

2020-09-07Honourable Mr Justice N. Sathish Kumar3 pages

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IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.09.2020 CORAM :

THE HONOURABLE MR.JUSTICE N.SATHISH KUMAR Application No.2606 of 2018 M/s.Shriram City Union Finance Ltd., No.123, Angappa Naicken Street, Chennai.

Rep. by its Authorised Signatory P.Nawin ...

Applicant versus 1.Chudasama Navalsingh Gumansinh Son of Mr.Kiranba N.Chudasama, No.1/4, Radhunandan Society, Near, Gopal Dairy, Popat Para Main Road, Shakti Pan, Rajkot, Gujarat-360 001 2.Pradumansinh Vajubha Zala ...

Respondents Son of Mr.Zala Vajubha Lalubha, Relnagar-2, Street-2, B-47, B/H Popat Para, Near Rameshwer Dairy., Opp.Parth School, Rajkot, Gujarat-360 001 3.The Nazir, Principal Senior Civil Court, Gondal, Rajkot, Gujarat.

...

Garnishee Prayer: Application filed under Order XIV Rule 8 of Original Side Rules read with Section 9(a)(b)&(e) of the Arbitration and Conciliation Act, 1996, to pass a Prohibitory Order restraining and prohibiting the Garnishee from paying any amount to the second respondent from and out of his salary up to

/ 2 / the tune of Rs.1,40,725/- or to any persons claiming under him and direct the garnishee to deposit the said amount to the credit of this application and consequently restraining and prohibiting the second respondent, his agents, representatives or authorised persons from receiving any amount from the Garnishees until further orders of this Court subject the Section 60 of the Code of Civil Procedure pending initiation and disposal of the arbitration proceeding and enforcement of the award.

For Applicant : Mr.R.Umashankar for M/s.Sri and Shankar Associates For Respondents : No Appearance

O R D E R

This application has been filed to pass a Prohibitory Order restraining and prohibiting the Garnishee from paying any amount to the second respondent from and out of his salary up to the tune of Rs.1,40,725/- or to any persons claiming under him and direct the garnishee to deposit the said amount to the credit of this application and consequently restraining and prohibiting the second respondent, his agents, representatives or authorised persons from receiving any amount from the Garnishees until further orders of this Court subject the Section 60 of the Code of Civil Procedure pending initiation and disposal of the arbitration proceeding and enforcement of the award.

2. Today, when the Application is taken up for consideration, the learned counsel appearing for the applicant through video conferencing seeks permission of this Court to withdraw the Application.

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3. In view of the submission made by the learned counsel appearing for the applicant, this Application is dismissed as withdrawn. Sd/.N.S.K.J 07.09.2020 //Certified to be a true copy// Dated this the day of 2020.

SU/17.09.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.