M/S. Cholamandalam Investment v. Mr. Mehaboob Mulla And Another

A.Nos.4267 and 4268 of 2019 in A.No.3941 of 2015 PUSHPA SATHYANARAYANA, J.

Earlier, A.No.3941 of 2015 was filed by the applicantcompany seeking to prohibit the garnishee from making payment upto a limit of Rs.3,86,170.23/- by withholding the salary of the respondent each month. When the application came up for admission, notice was ordered and the respondents were also served with notice. On 16.07.2015, the said application was ordered by attaching the salary of the first respondent, which was communicated on the same day. Accordingly, the salary has been deposited to the credit of A.No.3941 of 2015. It is stated that a sum of Rs.1,69,100/- lying to the credit of the said application No.3941 of 2015.

2. While so, there was an amicable settlement between the applicant and the first respondent, whereby, the first respondent has requested the applicant to take out payment out application for the amount lying to the credit of the above application. The claim of the applicant would be satisfied by raising the prohibitory order dated 16.07.2015 and permitting the applicant to withdraw the amount of Rs.1,69,100/- standing to the credit of A.No.3941 of 2015 in Court deposit.

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PUSHPA SATHYANARAYANA, J.

rsi

3. Accordingly, A.No.4267 of 2019 has been filed seeking to raise the prohibitory order dated 16.07.205 and A.No.4268 of 2019 has been filed to pay a sum of Rs.1,69,100/- to the applicant.

4. The respondent has also got no serious objection for the same.

5. Accordingly, prohibitory order passed earlier on 16.07.2015 is raised and vacated and the Registry is directed to make the payment of sum of Rs.1,69,100/- to the applicant.

6. Hence, both the applications are ordered on the above terms.

27.06.2019 rsi A.Nos.4267 and 4268 of 2019 in A.No.3941 of 2015 http://www.judis.nic.in