X maintains a balance of ₹ 10,000 in his Savings Account with a Bank and owes ₹ 5,000 to the Bank as overdraft in another account. X also maintains a Joint Savings Bank Account with his wife Y in the same Bank and mainta

CS Professional · Banking - Law and Practice · PYQS · June 2021
X maintains a balance of ₹ 10,000 in his Savings Account with a Bank and owes ₹ 5,000 to the Bank as overdraft in another account. X also maintains a Joint Savings Bank Account with his wife Y in the same Bank and maintain a balance of ₹ 15,000 in this Joint account. Bank receives a Garnishee order of ₹ 11,000 issued by a Competent Court for attaching Accounts of X. How does the Bank Act upon such Garnishee order?

Answer & Explanation:

Garnishee Order: The obligation of a banker to honour his customer's cheques is extinguished on receipt of an order of the Court, known as the Garnishee order. In the given case, the Banks will enforce the garnishee order for ₹ 5,000/- only after appropriately setting off its debts of ₹ 5,000/- from savings account of X having a balance of ₹ 10,000/-. The joint account of two or more persons in which only one of them is a judgement debtor cannot be attached.

Topics: Banking Operations

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