A B VORKADY Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) A suit for recovery of a sum of Rs. 75,000/- was filed by the second respondent against the petitioner herein in the Court of the Principal Civil Judge, Mangalore. This suit was decreed for a sum of Rs. 86,475/- with interest at the rate of 10% p.a. by the judgment and decree of the Trial Court dated 13-8-1992. Admittedly, no appeal has been filed against the judgment and decree aforesaid which has become final.

(2.) Execution proceedings, thereafter appear to have been filed by the decree-holder which were later transferred to the City Civil Judge's Court, Bangalore. The transferee Court issued an order of attachment on 10-6-1993 attaching 1/3rd of the salary payable to the petitioner exceeding Rs. 400/-. In obedience to the said direction, the first respondent-Bank started making deductions from July 1993 onwards and has kept the amount so deducted in a suspense account.

(3.) Aggrieved by the deductions made by the first respondent-Bank. the petitioner has filed the present writ petition for a writ of prohibition restraining the former from making any recoveries and for a writ of mandamus directing the Bank to reimburse to the petitioner the amounts deducted.