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.