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Madras High CourtArb Appln/183/2021ordered

Mr.Srinivasan P v. M/S.Cholamandalam Investment And Finance Company Ltd And Another

2021-09-01Honourable Mr Justice N. Sathish Kumar7 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY THE 01st DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb.Appln.No.183 of 2021 in A.No.892 of 2019 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Srinivassan P. & another Arising under Loan Agreement No.

XVFPTYV00002004670 Dated 31.05.2017.

M/s. Cholamandalam Investment and Finance Company Limited : Applicant Vs.

1. Mr.Srinivasan P : Respondent : Garnishee Arb.Appln.No.183 of 2021

1. Mr.Srinivasan P

: Applicant/Respondent -vs1. M/s. Cholamandalam Investment and Finance Company Limited : Respondent/Applicant : Garnishee/Garnishee Application praying that this Hon'ble Court be pleased to pass an order of payment out to release the amount of Rs.1,61,857/- (Rupees One Lakh Sixty One Thousand Eight Hundred and Fifty Seven Only- as per the certificate of funds dated 27.07.2021) deposited to the credit of Application No.892 of 2019 by the Garnishee as per the order of this Hon'ble Court in the said application.

This application coming on this day before this court for hearing in the presence of Mr.K.Pragadeesh Kumar, Advocate for the Applicant herein, and Mr.D.Pradeep Kumar, Advocate for the respondent herein and upon reading the judges summons and the affidavit of P.Srinivasan, filed herein and the order dated 12.09.2019 made in A.No.892 of 2019, and It is ordered as follows:

That the Registrar General of this Court do pay a sum of

Rs.1,61,857/- (Rupees One Lakh Sixty One Thousand Eight Hundred and Fifty Seven Only) now in court deposit standing to the credit of A.No.892 of 2019 to P.Srinivasan, the applicant herein and issue a cheque therefor in his favour.

WITNESS THE HON'BLE MR. JUSTICE SANJIB BANERJEE, CHIEF JUSTICE, HIGH COURT AT MADRAS AFORESAID, THIS THE 01st DAY OF SEPTEMBER 2021.

Sd./- ASSISTANT REGISTRAR (COMM.CASES) //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.

KY 23.09.2021 Arb.Appln.No.183 of 2021 in A.No.892 of 2019

ORDER

DATED : 01.09.2021 THE HON'BLE MR.JUSTICE N.SATHIH KUMAR FOR APPROVAL: 24.09.2021 APPROVED ON: 27.09.2021 Copy to:

1. The Registrar General High Court, Madras.

2. Accounts Section.

IN THE HIGH COURT OF JUDICATURE AT MADRAS

(ORDINARY ORIGINAL CIVIL JURISDICTION) WEDNESDAY THE 01st DAY OF SEPTEMBER 2021 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR Arb.Appln.No.183 of 2021 in A.No.892 of 2019 In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and Mr.Srinivassan P. & another Arising under Loan Agreement No.

XVFPTYV00002004670 Dated 31.05.2017.

M/s. Cholamandalam Investment and Finance Company Limited : Applicant Vs.

1. Mr.Srinivasan P : Respondent : Garnishee Arb.Appln.No.183 of 2021

1. Mr.Srinivasan P

: Applicant/Respondent -vs1. M/s. Cholamandalam Investment and Finance Company Limited : Respondent/Applicant : Garnishee/Garnishee Application praying that this Hon'ble Court be pleased to pass an order of payment out to release the amount of Rs.1,61,857/- (Rupees One Lakh Sixty One Thousand Eight Hundred and Fifty Seven Only- as per the certificate of funds dated 27.07.2021) deposited to the credit of Application No.892 of 2019 by the Garnishee as per the order of this Hon'ble Court in the said application.

This Application coming on this day before this Court for hearing the Court made the following orders:- This application is filed by the applicant seeking direction to the Garnishee to release the amount of Rs.1,61,857/- as per the certificate of funds, dated 27.7.2021 deposited to the credit of Application No.892 of 2019 by the Garnishee as per the order of this Court in the said application.

2. The respondent has no objection for allowing the application.

3. Such view of the matter, the application is ordered. Sd./-N.S.K.J 01.09.2021 //Certified to be true copy// Dated at Madras this the day of 2021. COURT OFFICER(O.S.) From 25th Day of September 2008 the Registry is issuing certified copies of the Orders/Judgments/Decrees in this format.