In an Article 226 writ petition under Article 227 of the Constitution of India, the court rejected the petitioner's application to set aside a salary attachment order, finding no infirmity as the petitioner had relied on wrong figures regarding her salary.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
FARAD CONTINUATION SHEET NO.:
IN THE HIGH COURT OF JUDICATURE AT BOMBAY
CIVIL APPELLATE SIDE
WRIT PETITION NO.981 OF 2007
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Office Notes, Office Memoranda of : Court’s or Judge’s orders.
coram, appearances, Court’s orders :
or directions and Registrar’s :
orders. :
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Mr.Ashutosh R.Gite, for the petitioner.
Mr sagar Kasar,for respondent no.1.
CORAM: D.B.Bhosale,J.
DATED: 22.02.2008
P.C.:
Heard learned counsel for the parties.
This petition is directed against an
order dated 2.9.2006, by which the
application at Exhibit-29 filed by the
petitioner-judgment debtor no.3 has been
rejected. In that application, the
petitioner had stated that the Court had
passed an order dated 28.7.2004 in respect of
issuance of attachment of Rs.1500/- from her
salary till the entire amount of Rs.56000/-
is recovered, when the salary of the
petitioner was only Rs.1411.60 paise. The
petitioner had, therefore, prayed for setting
aside the attachment of Rs.1500/- from her
salary in pursuance of the order dated
28.7.2004. From perusal of the last
paragraph of the order dated 2.9.2006, it is
clear that a gross salary of the petitioner
at the relevant time was Rs.8416/-,as
revealed from her salary certificate dated
30.6.2006. The application filed by the
petitioner was based on the wrong premise
that her salary was Rs.1411.60 paise. In the
circumstances, I find no infirmity in the
impugned order warranting interference by
this court in the writ jurisdiction of this
court under Article 227 of the Constitution
of India. The writ petition is disposed of.
(D.B.Bhosale, J.)
2 issues framed by the court
Whether the writ petition should be allowed to interfere with the rejection of the application for setting aside salary attachment.
Whether there is any infirmity in the impugned order warranting interference in the writ jurisdiction.
1 provisions across 1 enactments
Petitioner (Judgment Debtor)
Respondent no.1
Bhosale
As recorded by the court registry
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