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november 2008

Supreme Court of India · 2008-11-04

RADHEY SHYAM GUPTA vs PUNJAB NATIONAL BANK

Citation / case number
SC 2005/26818
Court
Supreme Court of India
Petitioner
RADHEY SHYAM GUPTA
Respondent
PUNJAB NATIONAL BANK
Author
ALTAMAS KABIR
Bench
ALTAMAS KABIR,MARKANDEY KATJU, , ,

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 Executing 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 Court ruled that the Bank's attempt to attach the appellant's FDRs was improper, reinforcing the protections afforded to pension and gratuity under the law.

RADHEY SHYAM GUPTA vs PUNJAB NATIONAL BANK · Niyam