V G BOBDE Vs. STATE OF M P

JUDGEMENT

(1.) By this petition the petitioner has challenged the action of the respondent Bank of Maharashtra, Betul Branch, intimating the petitioner by order dated 30.9.2005 that whole of his pension would be adjusted towards the recovery of the loan taken against the account of M/s Gopal Alloys.

(2.) The main bone of contention appears that the petitioner stood guarantor for the credit loan facility availed by his son from the respondent Bank of Maharashtra in the name of M/s Gopal Alloys. Due to failure of the payment of dues the account of M/s Gopal Alloys became a N.P. account and on 19.4.2002 the Betul Branch of the Bank stopped the withdrawl of the pension of the petitioner. At this juncture it would be proper to observe that the petitioner having retired on the post of Deputy Director, Department of Horticulture from Chhindwara in the year 1995, was drawing pension from the Bank of Maharashtra at its Betul Branch.

(3.) It is the contention of the Counsel for the petitioner that Section 60(1)(a) of the Civil Procedure Code exempts the attachment of pension even if there is an agreement to the contrary. Then drawing my attention to Section 60(g) of CPC, Counsel pointed out that "stipends and gratuity allowed to the pensioners of the Government (or of a local authority or of any other employer), or payable out of any service family pension fund notified in the Official Gazettee by (the Central Government or the State Government) in this behalf, and political pensions" were not available to attachment of sale.