Supreme Court of India · 2008-11-04
Radhey Shyam Gupta vs Punjab National Bank & Anr
- Citation / case number
- AIR 2009 SUPREME COURT 930
- Court
- Supreme Court of India
- Petitioner
- Radhey Shyam Gupta
- Respondent
- Punjab National Bank & Anr
- Author
- Altamas Kabir
- Bench
- Markandey Katju, Altamas Kabir
Judgment text excerpt
The Supreme Court addressed the execution of a decree under Section 60(1) of the Code of Civil Procedure, clarifying that amounts received as gratuity and pension are exempt from attachment. The Court upheld the High Court's decision to release the appellant's Fixed Deposit Receipts, emphasizing that the hypothecated vehicle must be auctioned first as per the original decree. The ruling reinforced the principle that specific exemptions under the law must be respected in execution proceedings.