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Jetha Devji and Co. Vs. Durgadutt Ramnivas - Court Judgment

LegalCrystal Citation
SubjectCivil
CourtMumbai
Decided On
Case NumberO.C.J. Suit No. 642 of 1926
Judge
Reported inAIR1927Bom365; (1927)29BOMLR416
AppellantJetha Devji and Co.
RespondentDurgadutt Ramnivas
Excerpt:
.....xxx, rule 46, of the civil procedure code, attach the deposit made by the judgment debtor with an association for his membership; but he cannot issue a garnishee notice asking the association to pay up the deposit amount into court, if at the date of the garnishee notice the amount is not payable to the debtor. - section 3: [s.b. mhase, d.s. bhosale & a.s. oka, jj] offences of atrocities - complaint under held, merely because the caste of the accused is not mentioned in the fir stating whether he belongs to scheduled caste or scheduled tribe, it cannot be a ground for quashing the complaint. after ascertaining the facts during he course of investigation it is always open to the investigating officer to record tht the accused either belongs to or does not belongs to schedule caste or.....mirza, j.1. the plaintiffs have attached a deposit of rs. 5;000 made by the defendant with the east india cotton association of which he is a member under certain articles of the association. plaintiffs are judgment creditors for rs. 3,418-9-0, interest thereon and costs of the suit. they have served a prohibitory order on the east india cotton association under the provisions of order xxi, rule 46. they have also taken out a garnishee notice calling upon the east india cotton association to pay to the sheriff of bombay rs. 5,000 attached in their hands on or before september 30, 1926, or to appear in court to show cause why they should not make the deposit. the east india cotton association have appeared on that notice and shown cause against it. they point out that under the clauses of.....
Judgment:

Mirza, J.

1. The plaintiffs have attached a deposit of Rs. 5;000 made by the defendant with the East India Cotton Association of which he is a member under certain articles of the Association. Plaintiffs are judgment creditors for Rs. 3,418-9-0, interest thereon and costs of the suit. They have served a prohibitory order on the East India Cotton Association under the provisions of Order XXI, Rule 46. They have also taken out a garnishee notice calling upon the East India Cotton Association to pay to the Sheriff of Bombay Rs. 5,000 attached in their hands on or before September 30, 1926, or to appear in Court to show cause why they should not make the deposit. The East India Cotton Association have appeared on that notice and shown cause against it. They point out that under the clauses of their Articles of Association relating to such deposits they have absolute control over them as long as the depositor continues to be a member of the Association. The deposit carries interest at five per cent, per annum is liable to be forfeited, and is subject to satisfaction of certain liens of the Association and of its other members upon it. It is to be refunded to the member within twelve months with interest after he has ceased to be a member for any cause. Mr. Engineer for the plaintiffs contends that the deposit is property over which the debtor has power of disposal and is therefore liable to be attached under the provisions of the Code of Civil Procedure.

2. That the plaintiffs have a right to attach the debtor's interest in the deposit there can, in my opinion, be no doubt. But the question whether the attaching creditor is entitled on these proceedings to compel the debtor to resign his membership of the Association so as to make the deposit subject to the liens, if any, on it payable to him within twelve months of such resignation is one on which I am not in agreement with the plaintiffs' contention. The plaintiffs will be at liberty to continue the attachment under Order XXI, Rule 46, but the gamishee notice they have taken out should, in my opinion, be discharged with costs. Counsel certified. The costs to be paid by the attaching creditor to the garnishee as well as his own costs will be tacked on to his costs in execution subject to any objection that the debtor may hereafter urge.


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