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2003 Supreme(Mad) 1709

R.BANUMATHI
V. Thangaraj – Appellant
Versus
Sriram Chits and Investments Ltd. – Respondent


Advocates Appeared:For the Petitioner:M.V. Krishnan, Advocate. For the Respondents:R1, K.V. Ananthakrishnan, R2, A. Palaniappan, Advocates.

Judgment :-

This Revision is directed against the Order of I Additional District Munsif, Dindigul in E.P.No.578/1998 in ARC.No.18/1997 (dated 08.11.2000) ordering attachment of the salary of the Revision Petitioner of Rs.2,000/=.

2. This Revision raises question of frequent occurrence before the Executing Courts as to the extent of attachment of salary in execution of decree.

3. We may refer to brief relevant facts most of which are uncontroverted.

A.R.C.No.18/1997:- First Respondent / Shri Ram Chit Funds is a Chit Fund Company. Second Respondent / D1 joined a Chit Group value of Rs.30,000/=. Instalments of Rs.500/= per month payable for 60 months. The 2nd Respondent prized the chit on 19.11.1993. The bid amount was Rs.29,000/=. Prize amount paid was Rs.21,000/=. Revision Petitioner and Respondents 3 and 4 stood as Guarantors.

Principal Debtor / Second Respondent / D1 defaulted in payment. After statutory notice dated 22.07.1997, A.R.C.No.18/1997 was filed by the Chit Fund. Award was passed on 26.09.1997 for Rs.16,000/= with interest at 12% from 01.06.1998 with costs.

E.P.No.266/1998 and E.P.No.578/1998:- E.P.No.266/1998 was filed for arrest of the Second Respondent / Principal Debtor,




















































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