Madras High Court
ARB APPLN/1553/2026 of CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD Vs DHARMENDRASINH VAGHELA on 26 October 2026
Arb Appln No. 1553 of 2026
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY
Arb Appln No. 1553 of 2026
M/s.Cholamandalam Investment And Finance Company Ltd Chola crest, C54-55 & Super B-4, Thiru-vi-ka Industrial Estate, Guindy, Chennai-600032
..Petitioner
Vs
1. Dharmendrasinh Vaghela
2. The Authorised Officer,
Department of Posts,
No. 28, Valaji Bha No Vas,
Near Old (Junu) Swaminarayan Temple,
At & Post Piplaj, Gandhinagar,
Gujarat – 382610.
..Respondent
Prayer: Application filed under Order XIV Rule 8 of Original Side Rules r/w.
Sec 9(1)(ii)(c) & (e) of the Arbitration and Conciliation Act, 1996 to grant a Prohibitory Order against the Garnishee/2nd Respondent, restraining and prohibiting them from making payment to the 2nd Respondent up to a limit of Rs.9,32,999.16/- (Rupees Nine Lakh Thirty-Two Thousand Nine Hundred Ninety-Nine and Sixteen Paise Only), by withholding the attachable portion of the salary of the 1st Respondent every month to the extent permitted under Section 60(1)(i) of the Code of Civil Procedure, 1908, namely, by attaching one-third of the remainder salary after exempting the first Rs. 1,000/- and two- thirds of such remainder, and consequently restrain the 1st 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 Application pending disposal of the arbitration proceedings between the Applicant and the Respondents, and up to the period permitted under law till enforcement of the arbitral award that may be ultimately passed in the arbitration proceedings
Arb Appln No. 1553 of 2026
For Petitioner:
Mr.T.Gowri Shankar
for M/s,SAN Law Partners LLP
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ORDER
This application is filed seeking a garnishee order directing the second respondent-employer to deduct an amount from the salary of the first respondent to the tune of Rs.9,32,999.16/-. Though notice was ordered and duly served upon the respondents, the first respondent has chosen not to appear before this Court to contest the application.
2. Being prima facie satisfied that a sum of Rs.9,32,999.16/- is due to the petitioner, this application is ordered on the following terms:
(i) The second respondent-employer is directed to deduct one-third (1/3) of the salary payable to the first respondent every month or such quantum as is permissible under Section 60 of the Code of Civil Procedure, 1908.
(ii) The second respondent shall deposit the said deducted amounts directly to the credit of Arbitration Application No. 1553 of 2026 on a monthly basis, until the total outstanding sum of Rs.9,32,999.16/- is fully satisfied. No costs. 26-10-2026 Neutral Citation: Yes/No NSL
Arb Appln No. 1553 of 2026
D.BHARATHA CHAKRAVARTHY J. NSL Arb Appln No. 1553 of 2026 26-10-2026