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2001 Supreme(Mad) 718

A.KULASEKARAN
Sundaram Finance Ltd. – Appellant
Versus
Balurghat Transport Co. Ltd. – Respondent


Advocates Appeared:
For the Applicant:M.S. Krishnan, M/s. Sarvabhaumans Associates, Advocates.
For the Respondent:Arvind Subramanian, Advocate.

Judgment :-

1. Application No. 2140/2001 was filed by M/s. Sundaram Finance Limited against M/s. Balurghat Transport Corporation Ltd., and M/s. Wimco Limited for prohibitory order prohibiting the 2nd respondent-garnishee from disbursing the amounts due to the first respondent every month from out of the supply of vehicles to them and to deposit the same into this Court to the credit of the abovesaid application. Application No. 2406/2001 has been filed to suspend the interim order passed in O.A. No. 2140/2001 on 27.04.2001 in O.A. No. 2140/2001 prohibiting the second respondent from disbursing the amount payable to the first respondent.

2. For convenience, M/s. Sundaram Finance Ltd., is hereinafter referred to as the applicant, M/s. Balurghat Transport Corporation as the first respondent and Wimco Limited as the second respondent. The second respondent in this case has not appeared and the only contesting party is the first respondent herein.

3. The short facts of the case are as follows:

The applicant and the first respondent entered into 13 Hire purchase agreements in respect of 13 lorries. In the said transaction, five persons stood as guarantors. The statement of accounts are ment



































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