attachment before judjement
Querist :
Anonymous
(Querist) 08 May 2010
This query is : Resolved
Respected seniors,
P.F and gratuty amount has been lying in the andhra bank branch. That amount is attachable or not?
thankq sir
please reply with any case law.
Guest
(Expert) 08 May 2010
PF.AMOUNT TILL IN YOUR P.F.ACCOUNT CAN NOT BE ATTACHED.
BUT THE MOMENT IT IS WIDRAWN AND DEPOSITED IN YOUR BANK ACCOUNT CAN BE ATTACHED PLEASE NOTE.
THANKS.
Arvind Singh Chauhan
(Expert) 08 May 2010
SC held in Radhey Shyam Gupta v/S Panjab National Bank & Anr, decided on 04-11-2008-----
Attachment of Fix deposit in bank made out of the pension and gratuity- Barred under Proviso of Sec 60(1) proviso (g) of C.P.C.- Gratuity payable, not liable to attachment for satisfaction of court decree- Retiral benefits, pension and gratuity, not lose their character, even after they received on retirement and continue to be covered by Proviso of Sec 60(1) proviso (g)- The fact that gratuity and pensionary benefits had been received in cash by beneficiary and converted in to Fix deposits- It could not be said that they could no longer be identified as such retiral benefits paid to him.
