M/S.Cholamandalam Investment And v. Mr. Dinesh Pande And Another

Arb.Appln.No.485 of 2023 in A.No.1077 of 2016 C.SARAVANAN, J.

This application has been filed for withdrawing the amount deposited by the garnishee pursuant to the order passed by this Court in A.No.1077 of 2016 on 08.06.2016.

2. Although notice on the first respondent has been returned as unserved, the amounts are being credited by the garnishee namely the second respondent pursuant to the order passed by this Court in A.No.1077 of 2016 on 08.06.2016.

3. Earlier, the applicant had also filed A.No.5475 of 2019 for payment out for withdrawing a sum of Rs.1,84,964/- which was ordered on 27.08.2019. The garnishee has since then deposited a further sum of Rs.78,500/- to the credit of A.No.1077 of 2016 pursuant to the order dated 08.06.2016.

https://www.mhc.tn.gov.in/judis

C.SARAVANAN, J.

arb

4. It appears an award was also passed against the respondents as early as 23.11.2012. Since the respondents have failed to enter appearance in A.No.1077 of 2016, Court is inclined to allow this application for payment out. Accordingly, this application is allowed.

5. Registry is directed to process the application and release the payment to the applicant within a period of two weeks from the date of receipt of a copy of this order.

22.11.2023 arb Arb.Appln.No.485 of 2023 in A.No.1077 of 2016 https://www.mhc.tn.gov.in/judis