Tata Capital Financial Services Ltd. v. Arvind Pandurng Dhoke
Case brief
What is this about?
Salary/wage attachment in execution; attachment of debtor-employee's earnings with employer; proviso (i) to Section 60(1) and Order XXI Rule 46, Code of Civil Procedure 1908; monthly remittance by 5th until outstanding satisfied; employer's loan deductions not adjustable; minimum of fluctuating salary range adopted where employer could not quantify; Tata Capital Financial Services Ltd. v. Arvind Pandurng Dhoke; Bombay High Court interim applications 2025, order dated 10 February 2026.
What did the court decide?
Interim Application No.5999 of 2025 allowed: attachment of Rs.60,000/- per month from Respondent No.1's earnings held by Respondent No.2, remitted by the 5th of every month to the Applicant's account (per prayer clause (d)) until the outstanding Rs.5,98,567/- is paid, without deduction of Respondent No.2's loan recoveries; liberty to apply in case of default or difficulty.