ABBUBAKAR Vs. SINCHANA CHITS PVT. LTD.

JUDGEMENT

(1.) The captioned writ petition is filed by the judgment debtor No.3 questioning the order dtd. 30/8/2021 passed by the Executing Court in issuing salary attachment warrant of petitioner herein.

(2.) The learned counsel for the petitioner would submit to this Court that respondent No.2 who is the principal borrower owns property worth Rs.10.00 crores and apart from that, the movables owned by respondent No.3 is worth Rs.10.00 lakhs. Therefore, she would contend that the Garnishee warrant attaching the petitioner's salary is liable to be set aside by this Court. She would also point out that the attachment of the salary of the petitioner is excessive and therefore, the executing Court has exceeded its jurisdiction. The grievance of the petitioner before this Court is that more than 1/3rd of petitioner's salary is sought to be attached and therefore, she would contend that the attachment is in violation of Article 14 of the Constitution of India.

(3.) The learned counsel for the petitioner has further argued and contended that the Deputy Registrar has no jurisdiction to issue a recovery certificate and therefore, she claims that the recovery certificate being invalid the execution proceedings is not maintainable at all.