Restoration of not pressed ep/fresh filing of ep
PAVAN KUMAR AKA
(Querist) 08 October 2014
This query is : Resolved
My friend filed one E.P. for recovery of money and got attachment of retirement benefits of J.Dr. But at the request of the J.Dr as the Garnishee attached the full amount more than the warrant amount and at the request of J.Dr, my friend not pressed the E.P., as the J.Dr promised to pay off the due, immediately after release of pensionary benefits. The E.P. was not pressed. But to his bad luck, immediately within 3 days from the date of not pressing the EP and communication of the said information to the Garnishee, the J.Dr demised. Now what is the relief to my friend. Can be file restoration of that not pressed EP by stating the all facts. Is there any citation to that effect. Please do needful.
P. Venu
(Expert) 09 October 2014
Pensionary benefits, such as pension, gratuity etc., are not attachable. It appears that you have been following an incorrect course of action.
T. Kalaiselvan, Advocate
(Expert) 14 October 2014
Expert Mr. Venu is absolutely right that the terminal benefits eg., pension cannot be attached in EP, let the author come out with more details, however, once the EP was dismissed as not pressed, it cannot be restored, only a fresh EP can be filed.
