UNION OF INDIA Vs. KASHI PROSAD AGAWALLA
LAWS(CAL)-1961-2-1
HIGH COURT OF CALCUTTA
Decided on February 08,1961

UNION OF INDIA (UOI) Appellant
VERSUS
KASHI PROSAD AGAWALLA Respondents

JUDGEMENT

Banerjee, J. - (1.) Civil Rule No. 2755 of 1957 arises out of an objection to attachment of a certain sum of money, said to form part of the Provident Fund money belonging to G. W. Browne, opposite party No. 2.
(2.) It is admitted that Browne was a subscriber to the State Railway Provident Fund and elected to be governed by the Provident Fund Sterling Accounts Rules. Payment of his Provident Fund money, on his retirement, was required under the Rules to be made in Sterling.
(3.) On August 26, 1947, the said G. W. Browne wrote the following letter to the Financial Adviser and Chief Accounts Officer, East Indian Railway: "Dear Sir, I request that my Provident Fund or/and Special Contribution/Gratuity moneys may be remitted to me by Bank Draft on District Bank to the following address: Water St. Liverpool. I clearly understand that the remittance is made at my sole risk and that the East India Railway accept no further responsibility for the money and I agree to the receipt granted by the Postal/ Bank Authorities being treated as a valid discharge for the payment. I hereby declare that I intend to reside after retirement in a country where Rupee is not legal tender.";


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