Gujarat HC: Amount of PPF account shall not be liable to any attachment in respect of any debt or liability

It is not in dispute that the respondent Bank have withdrawn/debited the aforesaid amount of Rs. 85,380/- from the PPF Account of the petitioner. It is well settled proposition of law that the amount of Public Provident Fund account shall not be liable to any attachment in respect of any debt or liability incurred by the account holder. Thus, the action of the respondent Bank of withdrawing/debiting the aforesaid amount from the PPF Account of the petitioner is illegal and unjustified.

 {Para 11}

 In the High Court of Gujarat at Ahmedabad

(Before A.S. Supehia, J.)

Rajnikant Punjalal Shah Karta of Rajnikant Punjalal Shah Huf Vs  Manager, Bank of Baroda

R/Special Civil Application No. 10377 of 2020

Decided on June 23, 2022

Citation: 2022 SCC OnLine Guj 772

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NOTES ON EXECUTION OF DECREE PART 2

S 55. Arrest and detention:-

1) A judgment debtor shall be arrested and detained in civil prison:

Provided firstly that for the purpose of making an arrest ,no dwelling house shall be entered after sunset and before sunrise:

Provided secondly no outer door of a dwelling house shall be broken open unless judgment debtor refuses or prevent access to such dwelling house:

Provided thirdly if room is in occupancy of pardanashin lady,she should be permitted to leave the room:

Provided fourthly if decree is for payment of money and judgment debtor pays the amount of decree and costs,he shall be released.

3) When judgment debtor is arrested in execution of money decree and is brought before court,the court shall inform him that he may apply to be declared an insolvent,and he may be discharged if he has not committed any act of bad faith regarding subject of the application and if he complies with the provisions of law of insolvency.

4) Where a judgment debtor expresses his intention to apply to be declared an insolvent and furnishes security to the satisfaction of court,that he will within one month so apply,and that he will appear when called upon by court,the court may release him from arrest and he fails so to apply and to appear, the court may either direct security to be realized or commit him to civil prison in execution of decree.

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