M/S.Cholamandalam Investment v. Mrs.Ramatai Balasaheb Mendhika
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY, THE 29TH DAY OF JANUARY 2020 THE HON'BLE MR. JUSTICE M.SUNDAR A.NO.5004 OF 2018 In the matter of Arbitration & Conciliation Act, 1996 and In the matter of disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and MRS.RAMATAI BALASAHEB MENDHIKAR, AND ANOTHER arising under Loan Agreement No.XVFPNKF00001743424 dated 31.07.2016 M/S.CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LIMITED, 'DARE HOUSE', NO.2, N.S.C.BOSE ROAD, PARRYS, CHENNAI-600 001 REP. BY ITS AUTHORIZED SIGNATORY ... APPLICANT -Versus1. MRS.RAMATAI BALASAHEB MENDHIKAR, S/O.BALASAHEB LAXMAN MENDHIKAR, F.NO.1, DNYANDEEP VINAYAK APARTMENT, TAGORE NAGAR, NASHIK PUNE ROAD, NASHIK, MAHARASHTRA-422006 ..RESPONDENT
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2. SETH D.S.KOTHARI GIRLS HIGH SCHOOL, JAIL ROAD, NASIK ROAD, NASIK, MAHARASHTRA -422 101 ..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.2,23,213/- to the Respondent by withholding the salary of respondent every month to the extend as contemplated in Section 60 of C.P.C viz after deducting the first Rs.1000/- of the salary of the respondent and withholding 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. This Application coming on this day before this court for hearing the court made the following order:
Counsel for applicant submits that he has instructions from the applicant to withdraw instant application and has made a suitable endorsement in the case file.
1. Endorsement is reiterated in the hearing.
2.
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3. In the light of endorsement and reiteration of the same, instant application is dismissed as withdrawn.
Sd/.M.S.J.
29.01.2020 //Certified to be a true copy// Dated this the day of 2020.
SU/09.03.2020 COURT OFFICER From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.+