Garnishee proceedings: interim application sought transfer of interest and poundage from the defendant's attached bank account to the plaintiff and the Sheriff, with the account then unfrozen. With no objection from the bank and defendant, the court allowed the application in terms of prayers (b) and (c).
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
41-IA-1978-2024.doc
IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION
INTERIM APPLICATION NO. 1978 OF 2024 IN
GARNISHEE NOTICE (L) NO. 2492 OF 2024
M/S.JAY FABRICS )…APPLICANT / ORI. PLAINTIFF V/s. M/S.SHRI VALRAM CREATION )...DEFENDANT AND BRANCH MANAGER, HDFC BANK LIMITED )...RESPONDENT
Ms.Chhaya More i/by Mr.Anil Agarwal, Advocate for the Applicant. Mr.Devesh Sawant a/w. Mr.Afsar Ansari i/by Vivek Patil & Associates, Advocate for the Respondent – HDFC Bank Limited.
Ms.Gayatri Nayak a/w. Ms.Sapna Khobragade a/w. Mr.Ravi, Advocate for the Defendant – M/s.Shri Valram Creation.
CORAM : ABHAY AHUJA, J. DATE : 21 OCTOBER 2024
Digitally signed by ARTIVILASKHATATE ARTI VILASKHATATEDate:2024.10.22 21:25:02 +0530
P.C. :
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41-IA-1978-2024.doc
“(b) This Hon'ble Court be pleased to order and direct the Respondent Bank viz. HDFC Bank Limited, Ground floor, Shop no.1 and 2, Deccan Vihar Co-op. Hsg. Soc., Bhawani Shankar Road branch, Dadar (West), Mumbai – 400 028 to pay to the Plaintiff M/s.Jay Fabrics, the sum of Rs.3,55,759/- from the said attached account no.11197610000142 of the Defendant.
(c) This Hon'ble Court be pleased to order and direct the Respondent Bank viz. HDFC Bank Limited, Ground floor, Shop no.1 and 2, Deccan Vihar Co-op. Hsg. Soc., Bhawani Shankar Road branch, Dadar (West), Mumbai – 400 028 to pay to the Sheriff of Mumbai a sum of Rs.13,467/- towards the poundage, from the said attached account of the Defendant.”
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41-IA-1978-2024.doc
(ABHAY AHUJA, J.)
1 issue framed by the court
Whether interest and poundage in the attached account should be transferred to the plaintiff and the account unfreezed.
M/s. Jay Fabrics
M/s. Shri Valram Creation
Branch Manager, HDFC Bank Limited
Abhay Ahuja
As recorded by the court registry
7 orders share this CNR
Judgements on the same questions, provisions and authorities, from every court
