M/S.Cholamandalam Investment And Finance Co Ltd v. Mrs.Gitanjali S A W/O.Chakradhar Sa And 6 Others

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 19.11.2020

CORAM

THE HONOURABLE Ms. JUSTICE P.T. ASHA in A.No.1479 of 2019 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.Gitanjali SA 2.Chakradhar SA ... respondents 3.Office of Sub Divisional Officer, Department of Electricity, WESCO-Binka, Sonpur Division, Orissa - 767 019 4.Office of GM, Department - Finance, WESCO - Headquarter, Burla, Sambalpur, Orissa - 768018 5.Office of AM Department of Finance & Accounts 1/4

SED, WESCO, Sonepur, Orissa - 767017 6.Office of EE, Department of Electricity-SED-WESCO Sonpur, Orissa - 767017 7.Office of DM/Superintending Engineer Electrical Department Electricity Department, WESCO - Bolangir Circle, Orissa - 767002 ...Garnishees Prayer: Judges summons filed under Order XIV Rule 8 of Original Side Rules r/w Section 9 (ii) (a) (b) ( c ) & (e) of the Arbitration and Conciliation Act, 1996, to order payment out of a sum of Rs.1,41,520/- standing to the credit of Application No.1479 of 2019 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.1,41,520/- standing to the credit of Application No.1479 of 2019 which is lying in Court deposit by issuing cheque in favour of the applicant. 2/4

2. The garnishee order dated 25.06.2019 was passed by this Court in A.No.1479 of 2019 attaching the salary of the 1st respondent. In compliance of the same the garnishees have been withdrawing the salary of the 1st respondent and depositing it to the credit of the application. As on date the sum of Rs.1,41,520/- is available to the credit of A.No.1479 of 2019.

3. The applicant had initiated the arbitral proceedings and an award has been passed on 21.05.2018 in favour of the applicant.

4. Considering the fact that the sum of Rs.1,41,520/- is available to the credit of the application in A.No.1479 of 2019 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.2734 of 2020 in A.No.1479 of 2019 19.11.2020 4/4