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Madras High CourtA/8781/2019closed

M/S.Sundaram Finance Ltd. v. M/S.National Construction Co And Another

2020-03-09Honourable Mr Justice N. Sathish Kumar3 pages

Application Nos.8781 to 8794, 8804 of 2019 and A.Nos.5139 to 5143, 5148, 5150, 5151, 5152, 5155, 5156, 5157, 5159, 5162 and 5163 of 2019 N.SATHISH KUMAR, J., Application Nos. 8781 to 8794, 8804 of 2019 have been filed seeking to pass an order directing the second respondent/garnishee to pay any amount due to the first respondent directly to the applicant in compliance with the order dated 09.09.2014.

2. Application Nos.5139 to 5143, 5148, 5150, 5151, 5152, 5155, 5156, 5157, 5159, 5162 and 5163 of 2019 have been filed seeking to pass prohibitory order prohibiting and restraining the second respondent/garnishee from making the payment to the first respondent and also restraining the first respondent from receiving any money from the second respondent/garnishee and consequently, direct the second respondent/garnishee to deposit the amount so withheld by it into this Court, pending the enforcement of the award that may ultimately be passed by the sole arbitrator.

3. The learned counsel for the applicant submitted that the arbitration proceedings have been initiated and the awards were passed on 24.03.2016 in the Arbitration Cases

4. The learned counsel appearing for the second respondent/garnishee 1/2

submitted that totally a sum of Rs.2,52,95,817.26 Ps is lying in the credit. N.SATHISH KUMAR, J., mrr

5. The learned counsel appearing for the first respondent submitted that he has no objection for payment of Rs.2,52,95,817.26 Ps by the second respondent/garnishee to the applicant.

6. In view of the above, the second respondent/garnishee is directed to pay a sum of Rs.2,52,95,817.26 Ps to the applicant, within a period of eight weeks from the date of receipt of a copy of this order.

7. As the award has been passed in the arbitration cases, these Applications are closed with the above direction. However, liberty is granted to the applicant to work out their remedy to realize the remaining amount in the manner known to law. 09.03.2020 mrr Note: Issue order copy on 13.03.2020 A.Nos.8781 to 8794, 8804 of 2019 and A.Nos.5139 to 5143, 5148, 5150, 5151, 5152, 5155, 5156, 5157, 5159, 5162 and 5163 of 2019 2/2

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