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Madras High CourtA/2731/2020ordered

M/S.Cholamandalam Investement v. Mr.Manoja Kumar Mahakur And Another

2020-11-19Honourable Ms. Justice P.T. Asha4 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA in A.No.8733 of 2017 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.Manoj Kumar Mahakur 2.The Head - HR Department TRL Krosaki Refractories Ltd, PO/PS - Belpahar Dist - Jharsuguda Orissa - 768218 ... respondents Prayer: Judges summons filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (a) (b) © & (e) of the Arbitration and Conciliation 1/4

Act, 1996, to order payment out of a sum of Rs.1,00,849/- standing to the credit of Application No.8733 of 2017 as Court deposit, by issue of Cheque in favour of the applicant.

For Applicant :

Mr.D.Pradeep Kumar For Respondent :

No Appearance

ORDER

The above application is filed seeking to withdraw the sum of Rs.1,00,849/- to the credit of Application No.8733 of 2017 which is lying in Court deposit by issuing cheque in favour of the applicant.

2. The garnishee order dated 16.08.2018 was passed by this Court in A.No.8733 of 2017 attaching the salary of the 1st respondent. In compliance of the same the garnishee has been withdrawing the salary of the 1st respondent and depositing it to the credit of the application. As on date the sum of Rs.1,00,849/- is available to the credit of A.No.8733 of 2017. 2/4

3. The applicant had initiated the arbitral proceedings and an award has been passed on 12.07.2016 directing the 1st respondent to pay a sum of Rs.8,75,990/- together with interest at the rate of 18% per annum from 05.06.2015 till realisation.

4. Considering the fact that the sum of Rs.1,00,849/- is available to the credit of the application in A.No.8733 of 2017 and considering the award, the applicant is permitted to withdraw the said sum. The application is ordered as prayed for.

19.11.2020 Internet : Yes/No Index :Yes/No Speaking / Non-Speaking kan 3/4

P.T. ASHA. J, kan A.No.2731 of 2020 in A.No.8733 of 2017 19.11.2020 4/4