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1996 Supreme(Ker) 347

K.G.BALAKRISHNAN, K.NARAYANA KURUP
Thomas George – Appellant
Versus
Soudamini Manakkal – Respondent


Judgment :-

Narayana Kurup, J.

Plaintiff is the appellant. The appeal is directed against the order of the Court of the Subordinate Judge of Kozhikode in LA. No. 1750 of 1993 in O.S. No. 421 of 1993 disallowing attachment for a sum of Rs. 50.000/- being the Provident Fund contributions of one (late) Basil Manakkal (hereinafter referred to as the Subscriber) and held in deposit by the State Bank of India, Kozhikode where he was employed.

2. Facts:- The suit was laid against the respondents who arc the legal representatives of the subscriber who died on 12.6.1993 for recovery of a sum of Rs. 83,965/- with future interest and costs on the ground that the Subscriber, the predecessor of the respondents had borrowed from the appellant - plaintiff a sum of Rs. 70,000/- during his life time and had issued cheques for the said amount and the cheque were dishonoured for want of funds when the appellant presented them for encashment. Along with the suit, the appellant filed I.A.I 750 of 1993 praying for attachment of a sum of Rs, 50,000/- held by the State Bank of India, Kozhikode wherein the subscriber was employed, as amounts payable to the legal representatives from out of the Provident Fund













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