M/S.Cholamandalam Investment And Finance Co. Ltd. v. M/S.Gulf Orient Shippin Llp And 2 Others

A. Nos. 7865 to 7867 of 2019 N. SATHISH KUMAR, J.

These applications are taken up for hearing under the caption "For Being Mentioned" today at the instance of the learned counsel for the petitioner.

2. The learned counsel for the applicant submitted that earlier, this Court, passed an order dated 18.09.2020 to deposit the reduced amount furnished by the applicant. In the said order, in paragraph-1, it was wrongly mentioned that in order to avoid payment, he is raising the invoices and bills in the name of second respondent instead of first respondent. It has to be mentioned that in order to avoid payment, the first respondent is raising invoices and bills in the name of its sister's concern. The learned counsel also submitted that in para 2 of the order, it was wrongly mentioned that if any amount is due and payable to the 3rd respondent, the same shall be deposited before this Court. It has to be 1/5

mentioned that if any amount is due and payable by the 3rd respondent, the same shall be deposited before this Court. Hence, for modifying the same, now this Original Petition is posted for hearing today.

3. I have considered the submissions and verified the order .

4. Considering the facts, the Registry is directed to modify the order in paragraphs 1 and 2 as follows :- "This application has been filed for prohibiting order against the Garnishee. The third respondent has filed a counter stating that in order to avoid payment, the first respondent raising the invoices and bills in the name of its sister's concern.

2. In such view of the matter, if any amount is due and payable by the 3rd respondent, the same shall be deposited before this Court towards reduced amount furnished by the applicant, within a period of one month."

The Registry is directed to issue the fresh copy of the order. 02.11.2021 rpp 2/5

N. SATHISH KUMAR, J.

rpp 02.11.2021 3/5

N.SATHISH KUMAR,J.

This application has been filed for prohibiting order against the Garnishee. The third respondent has filed a counter stating that in order to avoid payment, he is raising the invoices and bills in the name of the second respondent instead of the first respondent. 2.

In such view of the matter, if any amount is due and payable to the third respondent, the same shall be deposited before this Court towards reduced amount furnished by the applicant, within a period of one month.

3.

With the above direction, these applications are closed. 18.09.2020 AT 4/5

N.SATHISH KUMAR,J.

AT 18.09.2020 5/5