M/S. Gowpatt Associates v. The Superintending Engineer

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 08.11.2023

CORAM

THE HON`BLE MR.JUSTICE N.SATHISH KUMAR E.P.No.53 of 2021 in Arb.No.11 of 2015 in O.P.No.63 of 2015 M/s.Gowpatt Associates rep. By its Proprietor Mr.P.Arun Kumar, 5/F1, I Street, Gopalapuram, Chennai-600 086.

.. Petitioner/Claimant/Decree Holder VS.

1.The Superintending Engineer, National Highways, Salem Circle, Omalur Main Road, Narosithipatty, Salem-636 004.

.. Respondent/Judgment Debtor 2.Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai-600 001.

.. Respondent/Garnishee PRAYER: Execution Petition filed under Order XXI Rule 46 of the Code of Civil Procedure, 1908 to issue a prohibitory order, restraining the garnishee from making any payment to the judgment debtor from the 1/4

Account No.01512701308, IFSC Code RBISOGOTNEP standing in the name of "Government of Tamil Nadu, E-Payments, Principal Secretary", also directing the garnishee to deposit the amount which is payable to Judgment debtor in this EP to the extent of EP Claim. For Petitioner :

Mr.Sarath Chandran for Mrs.V.Srimathi For Respondent-1:

Dr.S.Suriya, AGP For Respondent-2:

Mr.C.Mohan for M/s.King & Patridge

O R D E R

Heard the learned counsel for the parties.

2. When the matter came up for hearing today, the learned Standing counsel for the second respondent submitted that since the deposits were made by the State Government in E.P.Nos.72 & 73 of 2019, there was no need to grant the relief as sought for in this petition for prohibiting the operation of State Government account with the second respondent herein/RBI. He further submitted that in view of the said deposits, the prayer sought for in this petition, has become infructuous and hence, the same may be closed. 2/4

3. Recording the said submissions of the learned Standing counsel for the second respondent, this Execution Petition is closed. No costs.

08.11.2023 DP To 1.The Superintending Engineer, National Highways, Salem Circle, Omalur Main Road, Narosithipatty, Salem-636 004.

2.Reserve Bank of India, 16, Rajaji Salai, Fort Glacis, Chennai-600 001.

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N.SATHISH KUMAR, J.

DP E.P.No.53 of 2021 08.11.2023 4/4