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Bankers Study Material:Banking Law and Practice:

Garnishee Order and Attachment Order

By: Ranjan(Source : Ready Reckoner),      Update:17 Jan 2013

Garnishee Order and Attachment Order

Garnishee means a debtor to the debtor. Garnishee order is an attachment order of the court under section 60 of CPC 1908 (Order XXI and Rule 46) at the request of a creditor to attach his debtor’s fund in the hand of garnishee (bank holds the deposit balance of the debtor so bank is here garnishee).

Attachment order is issued by Government authority for recovery of Govt. dues, revenue or tax.

 

Particulars

Garnishee

Attachment

Issuing Authority

Competent Court

Revenue/Tax authority

Under which Act

Civil Procedure Code Sec 60 Order 21 Rule 46.

Relevant Act say Sec. 226 of Income Tax Act for Income Tax.

Depositor called

Judgement debtor

Assessee

Bank called

Judgement debtor’s debtor

Assessee’s  debtor

Stages of order

In two stages i.e. order nisi and order absolute

Issued as a payment order.

Issued to recover

Personal dues of creditor

Dues of the government

Amount

May be mentioned specifically

Must be mentioned specifically

Applicable to which account

Clear amount with the garnishes at time of receipt

For all. At the time of or after or order

Applicable to which account

All deposit accounts including FD not due

All deposit accounts including FD not due

Right of set off

Available for lawful and due debts

Available for lawful and due debts

Joint accounts, order single name

Not applicable

Applicable pro-rata

Account of A, order in his name

Applicable

Applicable

Order in Partnership’s name and account in partner’s name

Applicable

Applicable

Joint account, order same joint names

Applicable

Applicable

Order in name of partner, trustee, executer, liquidator, director of a company, etc

Not applicable for accounts in name of firm, trust, company i.e. accounts in fiduciary capacity etc.

Not applicable for accounts in name of firm, trust, company i.e. accounts in fiduciary capacity etc.

Deceased

Applicable. Execution proceeding can’t be stopped after death

Applicable

Insolvent

Not applicable

Not applicable

Undrawn CC or DD limit

Not applicable

Not applicable

Order received simultaneously or is pending for payment.

Preference to attachment

Preference to attachment

Failure to implement the order

Contempt of court

Assessee in default

Applicability on FDR as collateral security

Not applicable

Not applicable

 

 


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