Legal Question in Banking Law in India

Attatching retirement benefits

One of our borrowers is due to

retire about 10 years hence. Is it

possible now to file a suit and file a

petition for attatchment of

retirement benefits of the borrower

in that suit. We are not sure what

will be the retirement benefit which

will be due to him. Will court give

such an order attatching the

retirment benefits.


Asked on 5/30/09, 10:50 am

6 Answers from Attorneys
Aniruddha Pawse Aniruddha.P.Pawse Advocates

Re: Attatching retirement benefits

consult a sr advocate with full details of your case

Read more
Answered on 6/04/09, 5:49 am
Pranav Desai PD Legal & Associates

Re: Attatching retirement benefits

No

Read more
Answered on 6/03/09, 6:45 am
J. Radhakrishnan independent Practice

Re: Attatching retirement benefits

No court can legally grant an order of attachment of retiral benefits like gratuity, P.F. in any suit. Those are exempt under Sec.60(1)(g) of the Code of Civil Procedure from attachment. Pl. refer to the recent judgment of Madras High court in the case of "K.Murugesan Vs.E.Ulaganathan reported in 2009(2)Curent Tamil Nadu Cases,(CTC) page 725 ( C.R.P.(PD) No.159/2009 dated 1/4/2009. If you are unable to get the above book, try the Madras High court website and access judgments of Mr.Justice S.Palanivelu, in case it is webcast there.

Read more
Answered on 5/30/09, 10:14 pm
KAMAL GROVER

Re: Attatching retirement benefits

No you can file recovery suit only. Retiral benifits should have already been delivered and court cannot attach his pension.

Feel Free to Contact or for any other assistance at

adv.kamal.grover.gmail.com

We deal cases in the courts all over India.

M: 09814110005

Regional office Chandigarh

We strive for your rights.

Good Luck.

Read more
Answered on 6/01/09, 3:41 am
Vivek Mapara Vivek N. Mapara

Re: Attatching retirement benefits

Retirement benefits cannot be attached.

Feel free to contact

Read more
Answered on 5/31/09, 1:40 am
Sudershan Goel India Law Offices of Sudershan Goel - Advocate

Re: Attatching retirement benefits

We cannot speculate court orders.

Read more
Answered on 6/01/09, 10:10 am


Related Questions & Answers

More Banking Law questions and answers in India