Rule 48A of CPC : Rule 48A: Attachment of salary or allowances of private employees.
CPC
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Explanation using Example
Example 1:
Rajesh works as a software engineer at a private IT company in Bangalore. He has an outstanding debt of ₹5,00,000 that he owes to a creditor, and the creditor has obtained a court decree to recover the amount. The creditor approaches the court to execute the decree by attaching Rajesh's salary.
The court, within whose jurisdiction Rajesh's employer's disbursing officer is located, issues an order to withhold ₹50,000 from Rajesh's monthly salary until the debt is fully paid. The court directs the disbursing officer of Rajesh's company to remit ₹50,000 each month to the court.
Upon receiving the court order, the disbursing officer starts deducting ₹50,000 from Rajesh's salary every month and sends it to the court. This continues until the entire debt of ₹5,00,000 is recovered.
Example 2:
Priya works as a marketing manager at a private firm in Mumbai. She has an outstanding loan of ₹3,00,000 from a bank, and the bank has obtained a court decree to recover the amount. The bank requests the court to attach Priya's salary to recover the loan amount.
The court issues an order to withhold ₹30,000 from Priya's monthly salary. However, Priya's salary is already being partially attached due to a previous court order for another debt she owes. The disbursing officer of Priya's firm informs the court about the existing attachment and provides all the details.
The court then decides to adjust the new attachment order accordingly. The disbursing officer continues to withhold the required amount from Priya's salary and remits it to the court as per the new adjusted order until the loan amount of ₹3,00,000 is fully recovered.