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2024 Supreme(Online)(KAR) 449

HIGH COURT OF KARNATAKA
K. V. ARAVIND, J
M/S VECTRA CONSULTANCY SERVICES PVT. LTD. – Appellant
Versus
THE RECOVERY OFFICER, VALLI MARIMU THU DEBTS RECOVERY TRIBUNAL -2, Location: DRT BANGALORE BENCH, High Court of MINISTRY OF FINANCE Karnataka DEPARTMENT OF FINANCIAL SERVICES – Respondent


Advocates:
For the Appellants/Petitioners: SRI M.S. SHYAMSUNDAR, SRI VANDANA P. L.
For the Respondents: SMT. ANUPAMA HEGDE, SRI V.J. ACHALANAND, SRI K.S. MAHADEVAN

Table of Content
1. overview of the garnishee order's challenge. (Para 2 , 3 , 4 , 5)
2. petitioner's argument against the garnishee order. (Para 6 , 7)
3. court's observations on the requirements for a garnishee order. (Para 10 , 11 , 12)
4. final ruling allowing for objection filing and extending interim relief. (Para 13 , 14)

ORDER

Heard learned Senior counsel Sri. M.S. Shyamsundar with learned counsel Smt. P.L. Vandana for the petitioner, learned counsel Smt. Anupama Hegde for respondent No.1, learned counsel Sri. V.J. Achalanand for respondent No.2 and learned counsel Sri K.S. Mahadevan for Official Liquidator. Respondent Nos.3, 4 and 6 are served and notice to respondent No.5 dispensed with.

2. This petition impugning the order of garnishee issued by respondent No.1 in TRC No.910/2018 in O.A.No.113/2002 dated 10.03.2020.

3. It is stated that respondent No.2 lent money to respondent No.3. Respondent Nos.4 and 5 were corporate guarantors to the said loan. Respondent No.4 has been ordered for winding-up. Respondent No.6 was Director of respondent No.4-Company at the relevant time. It is stated that respondent No.6 submitted his resignation as Director in respondent No.4-Company.

4. It is

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