High Court Kerala High Court

Mr.T.R.Mounaguruswamy vs Kerala State Financial … on 26 November, 2007

Kerala High Court
Mr.T.R.Mounaguruswamy vs Kerala State Financial … on 26 November, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

OP No. 4425 of 2002(B)


1. MR.T.R.MOUNAGURUSWAMY,
                      ...  Petitioner

                        Vs



1. KERALA STATE FINANCIAL CORPORATION,
                       ...       Respondent

2. DEPUTY TAHSILDAR,(REVENUE RECOVERY),

3. DISTRICT COLLECTOR, CIVIL STATION,

4. MARAYUR PAPER BOARDS(P)LTD., MARAYOOR,

5. STATE BANK OF INDIA, REP. BY ITS

                For Petitioner  :SRI.C.G.SUNIL

                For Respondent  :SRI.V.B.UNNIRAJ

The Hon'ble MR. Justice P.R.RAMAN

 Dated :26/11/2007

 O R D E R
                              P.R.RAMAN, J
                  ---------------------------------------------
                          O.P.No.4425 of 2002
                   ---------------------------------------------
             Dated this the 26th day of November, 2007



                            JUDGMENT

Short question that arise for consideration is as to whether

salary attachment is excessive as per Section 80 CPC. This

question is squarely covered by the decision of this court in

Bhargavan Pillai vs. Special Dy. Tahsildar (2003(3) KLT

753). Accordingly further recovery of any amount from the

salary would be made only after expiry of the period under

Section 80 of the CPC and subject to the restrictions contained

therein.

The original petition is allowed to the above extend.

P.R.RAMAN,
JUDGE

csl