M/S.Cholamandalam Investment And Finance Co. Ltd. v. M/S.Bihar Construction Company And 3 Others
/ 1 /
IN THE HIGH COURT OF JUDICATURE AT MADRAS
(ORDINARY ORIGINAL CIVIL JURISDICTION) MONDAY, THE 16TH DAY OF MARCH 2020 THE HON'BLE MR. JUSTICE N.SATHISH KUMAR A.NOs.6849 and 6867 of 2019 A.NO.6849 OF 2019:
In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and M/s.
Bihar Construction Company & others Arising under Loan Agreement No. X0CEKRA00002265357 Dated 30.01.2018.
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. M/S.BIHAR CONSTRUCTION COMPANY PROP MR.MAHINDER SINGH NEAR AGRASEN COLLEGE, DARRI ROAD, KORBA, CHHATTISGARH- 495 677.
2. MR.SURINDER PAL SINGH NEAR AGRASEN COLLEGE DARRI ROAD, KORBA, CHHATTISGARH-495 677.
:RESPONDENTS
3. CHAIRMAN - CUM - MANAGING DIRECTOR SOUTH EASTERN COALFILEDS LIMITED
/ 2 / BILASPUR (CG) S.E.C.L.BHAVAN, SEEPAT ROAD, BILASPUR, CHHATTISGARH - 495 006.
4. GENERAL MANAGER CONTRACT MANAGEMENT CELL SOUTH EASTERN COALFILED LIMITED S.E.C.L.BHAVAN, SEEPAT ROAD, BILASPUR, CHHATTISGARH - 495006.
: GARNISHEES Application praying that this Hon'ble Court be pleased to pass an order to prohibiting the Garnishee from making payment of Rs.51,81,356/- or any amount to the Respondents or to their men, agents, representatives or to any one claiming on respondents behalf and restrain the respondents or their men, agents, representatives or any one claiming on respondents behalf from receiving a sum of Rs.51,81,356/- or any amount from the Garnishee and further direct Garnsihees to deposit the sum of Rs.51,81,356/- or any amount to the credit of above application.
A.No.6867 of 2019:
In the matter of Arbitration and Conciliation Act, 1996 And In the matter of Disputes between M/s.Cholamandalam Investment and Finance Company Ltd., and M/s.
Bihar Construction Company & others Arising under Loan Agreement No. X0CEKRA00002265358 Dated 30.01.2018.
/ 3 / 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. M/S.BIHAR CONSTRUCTION COMPANY PROP MR.MAHINDER SINGH NEAR AGRASEN COLLEGE, DARRI ROAD, KORBA, CHHATTISGARH- 495 677.
2. MR.SURINDER PAL SINGH NEAR AGRASEN COLLEGE DARRI ROAD, KORBA, CHHATTISGARH-495 677.
:RESPONDENTS
3. CHAIRMAN - CUM - MANAGING DIRECTOR SOUTH EASTERN COALFILEDS LIMITED BILASPUR (CG) S.E.C.L.BHAVAN, SEEPAT ROAD, BILASPUR, CHHATTISGARH - 495 006.
4. GENERAL MANAGER CONTRACT MANAGEMENT CELL SOUTH EASTERN COALFILED LIMITED S.E.C.L.BHAVAN, SEEPAT ROAD, BILASPUR, CHHATTISGARH - 495006.
: GARNISHEES Application praying that this Hon'ble Court be pleased to pass an order to prohibiting the Garnishees from making payment of Rs.51,86,480/- or any amount to the respondents or to their men, agents, representatives or to any one claiming on respondents behalf and restrain the respondents or their men, agents, representatives or any one claiming on respondents behalf from receiving a sum of Rs.51,86,480/- or any amount from the Garnishee
/ 4 / and further direct Garnsihees to deposit the sum of Rs.51,86,480/- or any amount to the credit of above application.
These Applications coming on this day before this court for hearing the court made the following order:
The application in A.No.6849 of 2019 has been filed to pass an order prohibiting the Garnishee from making payment upto a limit of Rs.51,81,356/- to the Respondents or to their men, agents, representatives or to anyone claiming on respondents behalf and restrain the respondents behalf from receiving a sum of Rs.51,81,356/- or any amount from the Garnishees and further direct the Garnishees to deposit the sum of Rs.51,81,356/- or any amount to the credit of the above application. 2.The application in A.No.6867 of 2019 has been filed to pass an order prohibiting the Garnishee from making payment upto a limit of Rs.51,86,480/- to the Respondents or to their men, agents, representatives or to anyone claiming on respondents behalf and restrain the respondents behalf from receiving a sum of Rs.51,86,480/- or any amount from the Garnishees and further direct the Garnishees to deposit the sum of Rs.51,86,480/- or any amount to the credit of the above application.
3. In the application in A.No.6867 of 2019, the Garnishee has filed an affidavit stating that no amount is lying with them payable to the
/ 5 / respondents. The affidavit is also taken on record. Parties are one and the same in both the applications and hence, no order can be passed in these applications.
4. Accordingly, these applications are closed. Sd/.N.S.K.J.
16.03.2020 //Certified to be a true copy// Dated this the day of 2020. SU/25.08.2020 COURT OFFICER(O.S.) From 25.09.2008 the Registry is issuing certified copies of the Order/Judgment Decree in this format.