A recent interesting Judgment

Smt.A M is an SBI pensioner .She owed the bank a sum of about Rs.2 Lakhs in respect of a loan availed from the bank for some other purpose.For recovering the said outstanding dues the bank attached her savings bank a/c primarily meant for crediting her monthly pensions. After blocking her account they also recovered an instalment of about Rs 14000/
The said pensioner challenged the bank's action by filing a writ in the Madurai Bench of Madras HC. While allowing the writ recently Justice K Ravichandrababu held that an a/c primarily meant for receiving pension cannot be attached.In his judgement the judge observed "if there is any outstanding dues payable by the petitioner it is for the bank to work out its remedy in the manner known to and permissible by law before the appropriate forum. without doing so, resorting to attach  the pension is impermissible." The judge set aside the order and directed the bank to permit the petitioner to operate the account without any hindrance .

- GN Sridharan 

Advocate Chennai