STATE BANK OF INDIA Vs. JAVED AKHTAR HUSSAIN

JUDGEMENT

(1.) AGAINST the impugned order passed by the 2nd Joint Civil Judge, Senior Division, Nagpur below exhibit 6 in Special Darkhast No. 200/-91 dated 6-2-1992 by which lien created by the decree-holder Bank/ present applicant on the Term Deposit Receipt and Recurring Deposit account (for short, 'the TD. R. and R. D. A/c' respectively) of the original judgment-debtor/present-non-applicant No. 2, is released, this civil revision application is filed by the applicant/decree-holder.

(2.) THE applicant filed Special Civil Suit No. 312 of 86 for recovery of Rs. 64,305. 48 from the principal debtor/defendant No. 1 (present respondent No. 1-judgment-debtor) and the non-applicant No. 2 who stood as a surety to the non-applicant No. I. Accordingly, the documents were also executed by the respondents in favour of the applicant. Both the non-applicants remained absent and hence the suit came to be decreed and subsequently, the applicant/decree-holder filed Special Darkhast No. 200 of 91 on 16-8-91 for recovery of the decretal amount, costs etc.

(3.) IT is seen from the record that after the decree is passed in Special C. S. No. 312/86, the non-applicant No. 2 deposited a sum of Rs. 32,793/- in TDK No. 856671 with the applicant on joint names of himself and his wife with Itwari Branch. They are also having joint R. D. A/c No. SB/137/rd which were to mature on 31-11-1991 for a sum of Rs. 37,788/ -. After filing Special darkhast No. 200/91, the applicant Bank kept lien on both these accounts without exhausting any remedy against the non-applicant No. 1 knowing full well that the Joint account cannot be alienated and the judgment and decree has not become final. The non-applicant No. 2 filed m. J. C. No. 172/91 and complained about the illegal action on the part of the applicant when lien was kept on both these accounts. He prayed that the applicant be immediately directed to release the-amounts under both these accounts by removing the lien.