Amit Industrial Corporation v. Valecha Engineering Ltd., And Another

A.No.5176 of 2019 in C.S.No.654 of 2016 N.SATHISH KUMAR, J.

This application has been filed to permit the applicant to withdrawn money already deposited to the credit of the suit in pursuant of the interim decree passed by this Court on 22.12.2017.

2. In pursuant to the above decree, this Court by its Order dated 03.01.2019 directed the third garnishee to deposit a sum of Rs.66,75,876/- to the credit of this suit on or before 04.03.2019. In view of the above direction, the third garnishee has deposited the amount to the credit of the suit. Hence, this payment out application has been filed.

2. The plaintiff being the decree holder and the first defendant, against whom the decree has been passed, has been set exparte and the other garnishees have deposited the amount to the credit of the suit, the applicant is entitled to withdrawn the amount.

3. Hence, this application is Ordered as prayed for.

4. Post the suit on 30.09.2019.

17.09.2019 http://www.judis.nic.in vrc