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1955 Supreme(Cal) 62

P.B.MUKHARJI
ISWARDAS KHAITAN – Appellant
Versus
C. GREGORY – Respondent


Advocates Appeared:
A.C.LAHIRI, D.K.SEN, G.P.KAR

P. B. MUKHARJI, J.

( 1 ) THIS is a short point in execution. The old familiar point is whether attachment is permissible on what is contended to be Provident Fund money. The decree-holder, as now substituted, seeks to attach the amount deposited under the head Deposit Miscellaneous 'e' under T. V. No. 8 of October, 1950 in the name of the judgment-debtor C. Gregory lying with the Divisional Account Officer, Danapur under the final disposal and control of Chief Accounts Officer and Financial Adviser, Eastern Railway formerly E. I. Railway, 17 Netaji Subhas Road, Calcutta, and payment of the same to the decree-holder. It is said in column 10 of the Tabular Statement that the amount lying is Rs. 7,381/13/ -. The decree was dated 13-3-1947. It is Unnecessary to go into the records of the long history of unsuccessful attempts at realising this decree. The Judgment-debtor Gregory was a driver under the Railway Administration. I understand he has resigned or retired and is now in Scotland.

( 2 ) THIS sum of money arises out of his Provident Fund with the Railway.

( 3 ) MR. Lahiri who appears for the decree-holder contended that this money was liable to attachment because it had shed it





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