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2025 DAILYLAW 199604 (MAD)

R.Anbalagan v. M/s.Thirumala Traders

A/4951/2025 · 2025-11-10

N Anand Venkatesh

Transfer Petitionbody2025

Judgment text

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A Nos. 4951, 4952 and 4953 of 2025 IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED: 10-11-2025 CORAM THE HONOURABLE MR JUSTICE N. ANAND VENKATESH A Nos. 4951 , 4952 and 4953 of 2025 in EP NO. 48 OF 2024 1. R.Anbalagan S/o. T.Rajamani, Partner AJS Contractors, No.52/2, Babu Street, Vellala Teynampet, Chennai - 600 086. 2. R.Sekar S/o. S.Ramchandran, Partner AJS Contractors, No.6/3, Babu Street, Vellala Teynampet, Chennai - 600 086. 3. M/s. AJS Contractors Rep. by its Managing Partner R.Sekar, Old No.40/3, New No.16/3, V.V.Koil Street, Vellala Teynampet, Chennai - 600 086. Applicant(s) Vs 1. M/s.Thirumala Traders Represented by proprietor Mr.A.D.S.Giri, No.1413, Garden Avenue, Thiruvalluvar Nagar, West Mogappair, Chennai - 600 037, Now residing at No.1381,. Golden Colony, Anna Nagar West Extension, Chennai - 600 050. 2.M/s. Thirualagiri Infra Projects https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 Private Limited Represented By Director Mr.a.d.s.giri, No1381, Golden Colony, Anna Nagar West Extension, Chennai - 600 050. Respondent(s) A No. 4952 of 2025 1. R.Anbalagan S/o. T.Rajamani, Partner AJS Contractors, No.52/2, Babu Street, Vellala Teynampet, Chennai - 600 086. 2.R.Sekar S/o. S.Ramchandran, Partner AJS Contractors, No.6/3, Babu Street, Vellala Teynampet, Chennai - 600 086. 3.M/s. AJS Contractors Rep. by its Managing Partner R.Sekar, Old No.40/3, New No.16/3, V.V.Koil Street, Vellala Teynampet, Chennai - 600 086. Applicant(s) Vs 1. M/s.Thirumala Traders Represented by proprietor Mr.A.D.S.Giri, No.1413, Garden Avenue, Thiruvalluvar Nagar, West Mogappair, Chennai - 600 037, Now residing at No.1381,. Golden Colony, Anna Nagar West Extension, Chennai - 600 050. 2.M/s. Thirualagiri Infra Projects Private Limited Represented by Director Mr.A.D.S.Giri, No1381, Golden https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 Colony, Anna Nagar West Extension, Chennai - 600 050. Respondent(s) A No. 4953 of 2025 1. R.Anbalagan S/o. T.Rajamani, Partner AJS Contractors, No.52/2, Babu Street, Vellala Teynampet, Chennai - 600 086. 2.R.Sekar S/o. S.Ramchandran, Partner AJS Contractors, No.6/3, Babu Street, Vellala Teynampet, Chennai - 600 086. 3.M/s. AJS Contractors Rep. by its Managing Partner R.Sekar, Old No.40/3, New No.16/3, V.V.Koil Street, Vellala Teynampet, Chennai - 600 086. Applicant(s) Vs 1. M/s.Thirumala Traders Represented by proprietor Mr.A.D.S.Giri, No.1413, Garden Avenue, Thiruvalluvar Nagar, West Mogappair, Chennai - 600 037, Now residing at No.1381,. Golden Colony, Anna Nagar West Extension, Chennai - 600 050. 2.M/s. Thirualagiri Infra Projects Private Limited Represented by Director Mr.A.D.S.Giri, No1381, Golden Colony, Anna Nagar West Extension, Chennai - 600 050. Respondent(s) https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 A No. 4951 of 2025 PRAYER Pro-order prohibiting the Garnishee Company from making payment of Rs.7,79,13,519/- the 1st Respondent/ Judgment Debtors money which is held by the Garnishee Company until further order of this Honble Court. A No. 4952 of 2025 PRAYER The Garnishee Company to Pay Rs.7,79,13,519/- the Judgment Debtors money held by them either directly to the Decree Holders or directed to deposit the same into court till the discharge the Arbitration Award dated 27/02/2020. A No. 4953 of 2025 PRAYER To direct the Garnishee Company to submit its following Bank Account Statements of (1) Axis Bank A/c.No920020064489334 (2) IDFC Bank CA A/c.No.10053650000 (3) KVB Bank A/c.No.1263135000014141 (4) Yes Bank Ltd A/c.No.062863300001671 (5) TMB Tgipi CA A/c.No.096539640405333 and other Bank Accounts of Garnishee Company along with Income Tax Returns from 13/02/2020 to till date before this Honble Court. For Applicant(s): M/s.V.Kannan For Respondent(s): Mr.Shunny Shan for R1 Mr.U.Karunakaran for R2 COMMON ORDER These applications have been filed seeking for a pro-order prohibiting the 2nd respondent from making the payment of Rs.7,79,13,519/- to the 1st respondent / Judgement Debtor and for a further direction to the 2nd respondent to deposit the sum of Rs.7,79,13,519/- payable by them to the 1st respondent / judgement https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 debtor and for a further direction to the 2nd respondent to submit their accounts along with income tax returns. 2. Heard Mr.V.Kannan, learned counsel for the petitioner and Mr.Shunny Shan, learned counsel for 1st respondent and MR.U.Karunakaran, learned counsel for 2nd respondent. 3. It is not in dispute that the award has become final and according to the applicant / award holder, a total sum of Rs.7.80 Crores is payable by the 1st respondent / judgement debtor. In order to recover the said amount, these applications have been filed. 4. The learned counsel for 2nd respondent / Garnishee company submitted that no amount is payable by the 2nd respondent to the 1st respondent as on today. 5. In the light of the above stand taken by the 2nd respondent, if at all, any amount is payable by the 2nd respondent to the 1st respondent / judgement debtor, there shall be a prohibition in making such payments and it shall be withheld by the 2nd respondent, until further orders are passed by this Court. https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 6. All these applications are disposed of in the above terms. If at all, the award holder wants to attach any immovable property and sell it, they have to necessarily amend the petition and seek for necessary relief. 10-11-2025 rka Index:Yes/No Speaking/Non-speaking order Internet:Yes Neutral Citation:Yes/No https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 To 1.M/s.Thirumala Traders Represented by proprietor Mr.A.D.S.Giri, No.1413, Garden Avenue, Thiruvalluvar Nagar, West Mogappair, Chennai - 600 037, Now residing at No.1381,. Golden Colony, Anna Nagar West Extension, Chennai - 600 050. 2.M/s. Thirualagiri Infra Projects Private Limited Represented By Director Mr.a.d.s.giri, No1381, Golden Colony, Anna Nagar West Extension, Chennai - 600 050. https://www.mhc.tn.gov.in/judis A Nos. 4951, 4952 and 4953 of 2025 N.ANAND VENKATESH J. rka A No. 4951 of 2025 A NO. 4952 OF 2025,A NO. 4953 OF 2025 in EP No.48 of 2024 10-11-2025 https://www.mhc.tn.gov.in/judis