IN THE HIGH COURT OF JUDICATURE AT BOMBAY ORDINARY ORIGINAL CIVIL JURISDICTION NOTICE OF MOTION NO. 1036 OF 2006 IN SUIT NO. 804 OF 2006 Syndicate Bank... ...... ......Plaintiff. V/s Khemaji R. Sadafule & Anr. ...... ......Defendants. Ms.Kavita Anchan i/by M/s.M.V.Kini & Co. Adv. for the plaintiff. None for the defendants. CORAM: A.P.DESHPANDE, J. 10/6/08 PC: The plaintiff has sought appointment of Court Receiver of the hypthecated consumer good such as furniture and fixtures. The plaintiff is also seeking injunction against defendant No.1 from receiving terminal dues from his employer on his retirement from service. Prayer is also made for attachment before judgment of all the terminal dues receivable by defendant No.1 from him employer. Learned counsel for the plaintiff submits that defendant No.1 stood superannuated in the year 2005 and notice of motion was filed in the year 2006. It is obvious that by now defendant No.1 must have collected his retirement dues rendering present motion infructuous. Even otherwise gratuity and provident fund receivable by employee cannot be attached. Hence motion to that extent is misconceived. 1 Even otherwise plaintiff' s suit is for recover of loan amount. The defendant No.1' s furniture and fixture has been hypotecated with the plaintiff-bank and hence there is no question of defendant No.1 disposing of the same. In the result there being no merit in the motion same stands dismissed. 10.6.08 2