ANTONY Vs. LITTLE FLOWER KURIES

JUDGEMENT

(1.) The petitioner is an Engine Fitter in Naval Ship Repair Yard, Kochi. He is the judgment debtor in E.P.No.10 of 2003 in O.S.No. 168 of 2000, on the file of the court of the Principal Sub-Judge, Kochi, the decree being one for money. In execution of the decree, the salary of the judgment-debtor was attached to the extent of L 2,766/- per month from September, 2003 onwards. The order was forwarded to the disbursing officer, who has to disburse the salary to the judgmentdebtor. The disbursing officer recovered only a sum of L 1,340/- per month from September, 2003 onwards. The disbursing officer issued a letter dated 29.9.2003 to the Court, which reads as follows:

(2.) The basic pay of Shri N.G. Antony, Engine Fitter (HS-II excluding other allowances such as HRA, DA and CCA is L 5,100/- (Rupees five thousand one hundred only). Under S.60(i) of Code of Civil Procedure, salary attachment, the first thousand rupees and 2/3rd of the remaining basic pay is exempted from attachment. Therefore the maximum amount recoverable from the salary of the above individual per month is L 1,340/- (Rupees one thousand three hundred fourty only).

(3.) In view of the above, a sum of L 1340/-(Rupees one thousand three hundred fourty only) will be recovered from his salary with effect from September 2003 onwards."