spb/- 1 wp1690-11.sxw IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE SIDE JURISDICTION WRIT PETITION NO. 1690 OF 2011 Bapu Pirsaheb Birajdar ... Petitioner. V/s. Solapur Vibhag Dak Karmachari Sahakari Pat Sanstha Maryadit, Solapur. ... Respondent. ­­­­­ Mr. Prasad Kulkarni i/by P.G.Sarda for the Petitioner. Mr. Anand S.Kulkarni for the Respondent. ­­­­­ CORAM : D. G. KARNIK, J. DATE : 29th JULY, 2011. P.C. : 1 Heard learned counsel for both the sides. 2 The petition is directed against an order of attachment passed by the executing court on 13th December, 2006, attaching various amounts mentioned in paragraph nos. 2A to 2D of the application for attachment at Exh. 9 made by the respondent­decree holder in a Special Darkhast No. 19 of 2006. While granting the order of attachment before judgment, the trial court has not taken into consideration provisions of section 60 of the Code of Civil Procedure which exempt certain amounts from the spb/- 2 wp1690-11.sxw attachment. Section 60 (1)(g) of the CPC provides that stipends and gratuities allowed to pensioners of the government or of a local authority or of any other employer, or payable out of any service family pension fund notified in the Official Gazette shall be exempted from attachment. One of the amounts stated to be attached is death­cum­retirement gratuity. It is not clear from the order as what was the nature of the death­cum­ gratuity and there is no discussion whether the amount would exempt under any other provisions of sub­section 1 of section 60 of the Code. Counsel for the petitioner submits that similarly the amounts of pension and the amount of leave encashment and the amount of commutation of pension are also exempt but that is not considered by the trial court. The trial court has not referred to section 60 of the Code at all before passing the order of attachment. 3 In the circumstances, the impugned order is set aside and the matter is remanded back to the trial court for deciding it afresh in the light of the provisions of section 60 of the Code of Civil Procedure. All contentions of the parties were kept open. The petition is disposed of in the above terms. [D.G. KARNIK, J.]