Indian Overseas Bank v. Samwon Textile Co Ltd., And Another
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IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 19-09-2025
CORAM
THE HONOURABLE MR JUSTICE N. ANAND VENKATESH in E.P.No.11 of 2025
1. Indian Overseas Bank Tiruppur Branch, 122, Kumaran Road, Tiruppur-641 601 Applicant(s) Vs
1. Samwon Textile Co Ltd., #4022 227, Bangbaee-ro, Seocho-gu, Seoul, Republic of Korea 2.Toram Exports Pvt Ltd S.F.No.5, No.1(2), Asher Nagar 1st Street, Alamelu Industrial Complex, Tirupur-641 603 Respondent(s) PRAYER This petition filed under Order 14 Rule 8 of Original Side Rules r/w Order 21 Rule 106 of C.P.C., to set aside the ex-parte order passed on
2/4 06/03/2025 against the Petitioner Bank/ Garnishee in the Subject EP and permit the bank to file its counter.
For Applicant(s):
Mrs. V. Rajeswari For Respondent(s):
Mr.Bhagawath Krishnan for R1 Mrs.Jayaganga for R2
ORDER
This application has been filed to set aside the ex-parte order passed on 06.03.2025 against the applicant Bank/Garnishee. 2.Heard Mrs.V.Rajeswari, learned counsel appearing on behalf of the applicant, Mr.Bhagawath Krishnan, learned counsel appearing on behalf of the 1st respondent and Mrs.Jayaganga, learned counsel appearing on behalf of the the 2nd respondent.
3.In the affidavit filed in support of the application, the applicant Bank has taken a stand that the fixed deposits that are sought to be attached by the Decree Holder already stands as a security for the packing credit that was
3/4 availed by the 2nd respondent/Judgement Debtor as per the sanction letter issued to them. Paragraph No.4 of the affidavit, the applicant Bank has also assigned reasons as to why they were not able to be represented before the Court on 06.03.2025.
4.Considering the grounds raised in the affidavit filed in support of this application, this Court is inclined to set aside the ex-parte order passed on 06.03.2025, against the applicant Bank/Garnishee. 5.Accordingly, this application stands allowed. No Costs. 19-09-2025 (1/2) Index:Yes/No Speaking/Non-speaking order Internet:Yes ssr
4/4 N.ANAND VENKATESH J.
ssr in E.P.No.11 of 2025 19-09-2025 (1/2)