- (1.) The petitioner has invoked the jurisdiction of this Court under Article 227 of the Constitution of India seeking quashing of order dated 28.04.2011 (Annexure P4) as well as order dated 13.11.2006 whereby his salary has been ordered to be attached in the execution filed by the respondent-Insurance Company who has been given the right of recovery against the insured while awarding compensation in favour of Jagan Nath and others (proforma respondents).
(2.) Counsel for the petitioner has submitted that 1/3rd salary of the petitioner was ordered to be attached for realization of amount which the Insurance Company was held entitled to recover from the insured in pursuance of the award passed by the Motor Accident Claims Tribunal, Ludhiana (in short 'the Tribunal'). It is argued that remittance from the salary of the petitioner on the basis of attachment is being made for the past more than 3 /4 years which is in violation of the provisions of Section 60 of the Code of Civil Procedure as it provides that attachment of salary of the judgment debtor cannot be allowed for a period more than 24 months. It is prayed that a direction may be issued to release his salary from attachment.
(3.) Counsel for the respondent-Insurance company has not disputed that remittance from salary of the petitioner in pursuance of an order of attachment passed by the executing Court is being made for the past more than 24 months. However, it is submitted that the petitioner cannot escape his liability to pay the decretal amount from his other assets.;