Garnishee Order and Attachment Order are different in nature and in this article i will explain the difference between garnishee order and attachment order for your perusal.
Garnishee means a judgement debtor’s debtor (i.e. banker) and the order is issued for recover private dues by a competent court under section 60 of The Code Of Civil Procedure (CPC), 1908 at the request of a creditor to attach his debtor’s fund in the hand of garnishee (Order XXI and Rule 46).Attachment order is issued by the Government authority say Income Tax, Sales Tax, Customs department for recovery of statutory dues from a person under the respective law which governs the concern department.
- Garnishee Order applies to existing debts as also debts accruing due i.e. SB/CD, RD/FD Accounts.
- Garnishee Order applies only to those accounts of Judgement Debtor which have credit balance.
- The relationship between bank and judgement debtor is of debtor and creditor. Bank is the debtor of Judgement Debtor who…
- Garnishee Order does not apply to money deposited subsequent to receipt of Garnishee Order. It also does not apply to…
- Garnishee Order does not apply to unutilized portion of overdraft or cash credit account…
Following are the comparison/ difference of Garnishee order and Attachment order:
|Issuing Authority||Competent Court of Law||Government Department i.e. Income Tax, Sales Tax, Customs Department etc.|
|Under which Act||Section 60 of Civil Procedure Code, 1908.||Respective law governing the concerned department.|
|Depositor called||Judgement debtor||Assessee|
|Bank called||Judgement debtor’s debtor||Assessee’s debtor|
|Stages Involved||First Order Nisi is issued and after that order absolute issued.||Always issued in absolute form.|
|Issued to recover||Recover of Private Due||Recover of Statutory due|
|Amount||May be mentioned specifically.||Mentioned clearly in the Order.|
|Applicable to (Amount)||On clear balance available with the garnishes at time of receipt of order.||Amount in the account at the time of receiving order and future credit also attachable.|
|Applicable to (account)||All demand deposit and Time deposit account.||All demand deposit and Time deposit account.|
|Right of set off||Available for lawful and due debts||Available for lawful and due debts|
|Joint accounts, order single name||Not Applicable||Applicable pro-rata basis.|
|Account of ‘Devsena’, order issued in her name||Applicable||Applicable|
|Order in Partnership’s name and account in partner’s name||Applicable||Applicable|
|Joint account, order same joint names||Applicable||Applicable|
|Order in name of partner, trustee, executor, liquidator, director of a company, etc||Not applicable for accounts in name of firm, trust, company i.e. accounts in fiduciary capacity etc.||Not applicable for accounts in name of firm, trust, company i.e. accounts in fiduciary capacity etc.|
|Order in name of partnership/ company.||Individual Account of partner/ director is attachable.||Individual Account of partner/ director is attachable.|
|Insolvent||Not applicable||Not applicable|
|Undrawn CC or DD limit||Not applicable||Not applicable|
|FDR as collateral security||Not applicable||Not applicable|
|Failure to comply the order||Contempt of court||Assessee in default|
|Preference of Order, If received simultaneously or is pending for payment||Attachment order will have the preference over Garnishee Order. However, bankers right of set-off is superior.||Attachment order will have the preference over Garnishee Order. However, bankers right of set-off is superior.|