Attachment of pension
ckanta
(Querist) 08 October 2016
This query is : Resolved
Sir,
I am pensioner and given guarantee of one another government servant who is also now pensioner.to one of the cooperative bank in year 2001. Now Asstt collector in yera 2016 has sent one attachment order to attach my pension account and remit my whole pension to recovery officer. My banker has attached the same. Please help me to provide me some judgements or law where it is mentioned that Guarantor liability arises only if Borrower has failed to pay and rules related with attachment of pension. I am very much depressed tell me what to do now
Guest
(Expert) 09 October 2016
Academic query!
By the way, judgment for what specific purpose do you want? How would you like to use that, as would not be related to your own case? You are not also a lawyer.
Kumar Doab
(Expert) 09 October 2016
Gather evidence of assets of borrower and share with lender if possible get these attached.
Apply your resources and cajole the borrower to pay if possible.
Rajendra K Goyal
(Expert) 09 October 2016
Liability of borrower and the guarantor is joint and severally. Both are equally responsible.
Judgment / reference cases / ruling / citation / decided cases not supplied in this section.
Rajendra K Goyal
(Expert) 09 October 2016
Full pension of pensioner can not be attached, approach court to have a stay.
The debt seem to be time barred.
Kumar Doab
(Expert) 09 October 2016
You are entitled to get authenticated copies of all docs pertaining to debt.
Certainly approach your very able counsel and contes on merits.
Dr J C Vashista
(Expert) 09 October 2016
Pension is non-attachable.
File appeal.
Kumar Doab
(Expert) 09 October 2016
That the action of the bank might be termed violative of principles of natural justice, if no notice was issued before attaching the pension.
Refer to :
Supreme Court of India
Radhey Shyam Gupta vs Punjab National Bank & Anr. on 4 November, 2008
You can downlaod it from:
http://www.lawyersclubindia.com/forum/details.asp?mod_id=90740&offset=2
Kumar Doab
(Expert) 09 October 2016
Supreme Court of India
Radhey Shyam Gupta vs Punjab National Bank & Anr. on 4 November, 2008
The apex court passed the ruling while quashing a Rajasthan High Court ruling which had ordered attachment of the retirement benefits of Radhey Shyam Gupta, who was a guarantor in a mortgage deal.
The High Court had ordered attachment of Gupta’s retirement benefit deposited in the Punjab National Bank (PNB) as principal debtor Durga Prasad, for whom he stood guarantor for a loan of Rs83,000, defaulted in the repayment of the loan taken for a vehicle. The vehicle mortgaged by Prasad was also untraceable.
The High Court ordered the attachment of retirement benefits after recording the submission of the bank that the matador van of Prasad which was mortgaged was not traceable. It also ordered Gupta to produce the matador vehicle so that it could be auctioned and the loan amount recovered.
Aggrieved by the ruling, Gupta filed a special leave petition in the apex court.
The apex court agreed with the submission of Gupta’s counsel Shobha that proviso (g) of Section 60(1) of the civil procedure code
Ms.Usha Kapoor
(Expert) 10 October 2016
Agree with Mr.Vashista. Pension is not attachable. File appeal.
Rajendra K Goyal
(Expert) 10 October 2016
Good effort from expert Kumar Doab, saadhuwad.
Kumar Doab
(Expert) 10 October 2016
Dear Mr. Rajendra K Goyal,
Thanks.
The issue has been discussed in old but illustrated thread mentioned above.
The author can pick up relevant points.
Guest
(Expert) 10 October 2016
Hi CKanta,
So, now without reply to my query, "judgment for what specific purpose do you want," you have easily got references of judgments to help you solve your academic query. But still, all that depends, how you can justify attachment of pension.
Best of luck!
Kumar Doab
(Expert) 10 October 2016
Author @ ckanta,
You have posted that:
"Sir,
I am pensioner "
I am happy to help you.
Mr. Rajendra K Goyal has already remarked; 'The debt seem to be time barred.'
Dr J C Vashista has already remarked;'Pension is non-attachable.'
Reference of the old but illustrated thread has been provided to you.
Relevant judgment has been cited to you.
Pensioners have united forums and they can render support and help.
Kumar Doab
(Expert) 10 October 2016
Expert Mr. Rajendra K Goyal has banking background and can advise you, on finer nuances.
Expert Dr J C Vashista has worked with armed forces and is well versed with pension matters and can counsel you further.
You can benefit from their counsel.
