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Santhosh Kumar   25 December 2019

Execution Petition salary warrant

The chit fund company and city civil court collect 3 months excess claim from salary attachment. Mean stay was granted from High Court 3 months back. However 3 months excess payment done. What is the provision to claim my 3 months salary in CPC which was deducted excess.


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 3 Replies

G.L.N. Prasad (Retired employee.)     26 December 2019

Make representation to your employer, and through them represent the maximum salary that can be deducted as per laid down norms.  An employer should not deduct a higher salary than what was permitted in law.  It is the employer that is not correct in your case, as courts may not be aware of your exact salary with deductions..final take-home pay, etc.  An employer should provide entire details to court, the norm and then remit the amount.   If it is in excess they can stop deducting one or two months to cover the excess drawn in the past.

T. Kalaiselvan, Advocate (Advocate)     26 December 2019

Since the amount has been deducted from your salary and sent to court as court deposit, if it has not been withdrawn by the chit fund compny then it will remain in the court deposit.

Your advocate can file a petition for withdrawing the excess amount lying in court of law. 

Dr J C Vashista (Advocate)     27 December 2019

Apply to the Court through your lawyer to refund excess amount deducted and submitted by employer.


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