M/S.Cholamandalam Investment And Finance Co. Ltd. v. Mr.Zabiulla And 3 Others

A.No.8291 of 2019 N.SATHISH KUMAR, J.

This application has been filed to issue prohibitory Order prohibiting the garnishee from making any payment upto a limit of Rs.4,24,218.59 to the second respondent by withholding the salary of second respondent every month to the extent as contemplated in Section 60 of CPC after deducting the first Rs.1000/- of the salary of the second respondent and withholding 1/3d of the remainder salary and restrain the second respondent from receiving the salary amount so withheld from the garnishee and further direct the Garnishee to deposit the amount of salary so withheld every month to the credit of the above till enforcement of the award passed in the arbitration proceedings between the applicant and the respondent and till enforcement of the award that may be ultimately passed in the arbitration proceedings.

2. Despite notice served to the respondents, none appeared for the second respondents.

3. In view of the same, this application is ordered as prayed for subject to compliance of Section 60 of Code of Civil Procedure and the amount withheld by the Garnishee shall be deposited before this Court to the credit of this application.

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