Madras High CourtA/4508/2017dismissed as withdrawal

Cholamandalam Investment v. Mr.Mod Danish Khan

2017-09-18Honourable Dr Justice Anita Sumanth2 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY THE 18TH DAY OF SEPTEMBER 2017.

THE HON'BLE DR. JUSTICE ANITA SUMANTH A. No.4508 of 2017 In the matter of Arbitration & Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Mod Danish Khan & others Arising under Loan Agreement No.XVFPSJR00000861282 Dated 30.11.2012.

M/s. Cholamandalam Investment and Finance Company Limited, 'Dare House', No.2, N.S.C. Bose Road, Parrys, Chennai - 600 001.

Represented by its Authorised Signatory ...Applicant Vs.

1.Mr.Mod Danish Khan, S/o.Firasat Ulla Khan, 39, Dalelaganj, Sadar, Shahjahanpur, Uttar Pradesh-242 001.

2.Mr.Firasat Ullah, S/o.farhat Ullah Khan, 39, Daleleganj, Sadar, Shahjahanpur, Uttar Pradesh-242 001.

...Respondents

3.Executive Engineer, Nirman Khand, Uttar Pradesh Jal Nigam, Anta Chouraha, Shahjahanpur, Uttar Pradesh-242 001 ...Garnishee Application praying that this Hon'ble Court be pleased

to pass an order prohibiting the Garnishee from making payment upto a limit of Rs.13,07,934.77 to the 2nd Respondent by withholding the salary of 2nd 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 2nd respondent and withholding 1/3rd of the remainder salary and restrain the 2nd 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 till enforcement of the award passed in the arbitration proceedings.

This Application coming on this day before this court for hearing the court made the following order: Learned counsel appearing for the applicant seeks permission to withdraw this application and makes an endorsement to this effect. Accordingly, this application is dismissed as withdrawn.

Sd/-A.S.M.J 18.09.2017 //Certified to be a true copy// Dated this the th day of 2017. EM/21.09.2017 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.