Amendments in Execution proceedings.
allurisivajiraju
(Querist) 23 September 2008
This query is : Resolved
Respected Seniors,
In a civil case ofter obtaining Decree the DHr filed a petition to attach the amount of the JDr which was pending in the Savings Bank Account. The Court attached the said amount and conducted enquiry onthe said amount and after that passed an order in favour of the DHr.
Meanwhile the said Bank changed account numbers of all its customers due to computerisation and administration purpose.
After that the DHr filed a petition for sent for the attached amount from the Bank to Court. But the said Bank instead of sending amount to the Court gave a reply that the account number of the JDr was not tallied.
It is very clear by the earlier experts opinion that the there is no possible to change the account number by filing a petition U/O 6 R. 17 of C.P.C.
In the above circumstances what are the options available to the DHr for obtain the said attached amount. Please refer any citations in favour of the DHr.
Thanking You Sir.
R.S.Rajesh
(Expert) 23 September 2008
When the amount lying in the particular SB a/c is attached by the court by an order and the attachment is effected , the bank do not have any right to transfer /change/meddle with the account by ignoring the attachment order . If the account number is changed and the funds are transferred into a new account on account of the copmutersiation , it is the duty of the bank to keep the court informed of the same. The necessery application can be filed in this regard seeking the direction/order aginst the bank to get the relief.
ARVIND JAIN
(Expert) 25 September 2008
BANK A/C NO OF A PARTICULAR PERSON IS ATTACHED, IF THAT NO IS CHANGED- IT MAKES NO DIFFERENCE FOR BANK.NO NEED TO AMEND. ON AN APPLICATIO THE COURT MAY ALSO MODIFY THE ORDER.NO LEGAL HASSEL IS THERE IN IT.
