Temporary injunction
G.Padmanabhan
(Querist) 12 July 2009
This query is : Resolved
In a suit for recovery of money against two defendants, the plaintiff bank has made an I.A seeking temporary injunction against a third respondent (garnishee) to restrain it from disbursing payment of certain future salary arrears of the 1st respondent/1st defendant. The civil court has also granted temporary junction. Now, as counsel for the 1st defendant, I have to file counter in the I.A. Would our experts please guide me on the defenses available to the 1st defendat to vacate the ad interim injuction?. The third respondent in the I.A (i.e. the employer of the 1st defendant) is not a party to the main suit.
Y V Vishweshwar Rao
(Expert) 29 July 2009
Dear Padmanabhan the Order 21 Rule 46 A to 46 I ( Garnishee) are the same in TN/Madras and AP - The Order 21 Rule 46 A -says - up on the application of the Decee Holder & order 21 Rule 46 - G says if the court consider that the matter is too complicated to deal with udner the these provisions , it may drop proceedigns leaving other rights and remedies of the parties unaffected !
1- Up on the Application of the Deceree Holder
2- Attachemnt already made under Or 21 Rule 46 (Debt , Sahre and other proerty) not in possessin of Judgement debtor
In my View Future Salary is not Debt payable to Judgment Debtor and the other aspects to be applied ! Let us wait for other Lrd Friends Opinions also
