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

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Re: Attatching retirement benefits

consult a sr advocate with full details of your case

Answered on 6/04/09, 5:49 am

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Pranav Desai PD Legal & Associates

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Re: Attatching retirement benefits

Answered on 6/03/09, 6:45 am

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J. Radhakrishnan independent Practice

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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.

Answered on 5/30/09, 10:14 pm

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