Salary attachement order

Guest (Querist) 02 November 2011 This query is : Resolved
One of the employee of court has taken loan from co-operative bank. Registrar of Co-operative bank appointed arbitrator. Said Arbitrator passed award against said employee. Arbitrator appointed manager of bank as receiver. Said Receiver has issued order of atttachment of salary to court directing court to deduct said amount from salary of said employee. Whether order passed by said reciever is binding on civil judge who is DDO.

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Parthasarathi Loganathan (Expert) 02 November 2011
It depends upon the letter on undertaking submitted by the employer for recovery of instalments at the time of sanctioning of loan. This aspect needs to be verified.

Raj Kumar Makkad (Expert) 02 November 2011
DDO is bound to follow the order of receiver as per law.

Shonee Kapoor (Expert) 02 November 2011
Agreed with Ld. Mr. Makkad.

Regards,

Shonee Kapoor
harassed.by.498a@gmail.com

prabhakar singh (Expert) 03 November 2011
HE IS NOT ACTING AS CIVIL JUDGE AS YOU THINK.
IN YOUR MATTER HE IS 'DDO' ONLY AND 'NOT THE CIVIL JUDGE'.

Guest (Expert) 03 November 2011
@ S/Shri Parthasarathi, Makkad, Shonee and Prabhakar ji,

Although the position of the civil judge in the capacity of a judge and a DDO is quite different, BUT I have one point of doubt whether the Arbitrator has the competence to appoint a receiver, who can issue an order to a DDO. If so under what provision of Arbitration Act?

Guest (Querist) 03 November 2011
I Perused Arbitration act and maharashtra co-operative society act. As per said Act award passed by arbitrator or certificate issued by registrar of co-operative society are executable as decree of civil court. But decree of civil court can only be executed after filing execution application. Whether Said award is executable even though no such execution application is filed.

Guest (Expert) 04 November 2011
Regarding your supplementary query, Section 36 about enforcement of award stipulates that on expiry of time to make an application (appeal) to set aside the arbitral award or the application having already been refused, the award has to be enforced under the Code of Civil Procedure, 1908 (5 of 1908) in the same manner as if it were a decree of the Court.

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