FEDERAL BANK LTD Vs. SUNDARI BHASKARAN

JUDGEMENT

(1.) THIS Civil Revision Petition is directed against the order dated 27.06.2006 passed by IX Assistant City Civil Judge, Chennai in E.A.No.2381 of 2006 in E.P.No.763 of 2005 in O.S.No.1525 of 2000, raising the order of Attachment. The Decree Holder is the Revision Petitioner.

(2.) THE Petitioner Bank has obtained a money decree in O.S.No.1525 of 2000. THE Decretal amount is more than Rs.8,00,000/- For realising the amount, the Petitioner Bank has filed E.P.No.763 of 2005 and attachment of salary of the Respondent was ordered. THE Respondent is working as Lecturer in Queens Mary College. THE Manager (Accounts) is the Garnishee.

(3.) CONTENDING that huge public money is involved, learned counsel for the Petitioner Bank has contended that in terms of Section 60 C.P.C, the duration of 24 months plus 12 months is only for execution of one and the same decree. Reiterating the observations of the Executing Court, learned counsel for the Respondent/Judgment Debtor has submitted that the Decree Holder Bank could proceed with the Attachment of salary only after the period of 36 months and having regard to the Proviso to Section 60(i) C.P.C, the Executing Court has rightly raised the order of Attachment of Salary.