Cholamandalam Investment And Finance Co Ltd v. Manoj Kumar Mahakur

THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 24.04.2025

CORAM:

THE HON'BLE MR. JUSTICE ABDUL QUDDHOSE in A. No.8733 of 2017 M/s.Cholamandalam Investment and Finance Company Ltd., Rep. by its Authorised Signatory ..

Applicant vs.

Manoj Kumar Mahakur ..

Respondent For Applicant : Mr.D. Pradeep Kumar - - - - - This application has been filed seeking for payment out of a sum of Rs.1,56,149/- lying to the credit of A. No.8733 of 2017. The said amount was deposited by the Garnishee in A. No.8733 of 2017, pursuant to orders passed by this Court. The respondent is a defaulter in the repayment of the loan. To secure the interest of the applicant, the applicant had filed A. No.8733 of 2017. In the said application, the Garnishee was directed to deposit certain sums of money, which were due and payable by the Garnishee to the respondent. In accordance with the directions issued by this Court, the Garnishee had also deposited the money. As on date, the applicant claims that a sum of Rs.1,56,149/- is 1/3

lying to the credit of A. No.8733 of 2017. The funds certificate for the same issued by the Registry has also been filed along with this application. Since the respondent has chosen not to enter appearance, despite service of notice in this application, the respondent is set ex-parte by this Court.

2. Since admittedly, the respondent is due and payable to the applicant a sum in excess to Rs.1,56,149/- this Court has to allow this application as prayed for. Accordingly, this application is allowed as prayed for.

24.04.2025 vsi2 ABDUL QUDDHOSE, J.

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