1 IN THE HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION WRIT PETITION NO.6757 OF 2008 Suresh Madhav Wankhede ..Petitioner. V/s. State of Maharashtra & Ors. ..Respondents. Mr. Vaibhav Karnik i/b. M.P. Sapkale for petitioner. Mr. S.N. Patil, A.G.P. for State. Mr. Johan Daniel with Jay Bhatia for respondent No.2. CORAM : J.P.DEVADHAR, J. DATED : 10TH JULY, 2009. P.C. :- 1. Heard learned counsel for the petitioner and the respondents, Rule. Rule made returnable forthwith. By consent of the parties, petition is taken up for final hearing. 2. The petitioner stood as a guarantor so as to enable the respondent No.3 to avail loan of Rs,95,000/- from the respondent No.2 bank. As the respondent No.3 failed to repay the amount of loan, the respondent No.2 bank filed a suit for recovery of the loan amount and decree was passed against the respondent Nos.3 and the guarantors including the petitioner. In execution of the said decree, the salary of the petitioner was attached and the respondent No.2 bank has recovered from the petitioner 2 Rs.3,600 per month directly from the employer of the petitioner for a period exceeding 24 months. 3. Under section 60 of the Civil Procedure Code, the attachment of salary in execution of decree cannot exceed 24 months. 4. Learned counsel for the respondent No.2 bank fairly states that the bank would appropriate the amount collected from the petitioner (through the employer) @ Rs.3,600/- for 24 months only and would refund the amount collected @ Rs.3,600/- per month beyond 24 months. Counsel for the bank further states that the bank has no objection for the petitioner to withdraw the amount of salary collected in excess of 24 months which are lying in Court. 5. In this view of the matter, the respondent No.2 bank is directed to refund to the petitioner the amount of salary collected @ Rs.3,600/- in excess of 24 months within a period four weeks from today. In addition, the petitioner will be at liberty to withdraw the amount of salary if any collected in excess of 24 months and lying in the Trial Court. 6. The Writ Petition is disposed of in the above terms with no orde4r as to costs. (J.P.DEVADHAR, J.) 3