TMI Blog2023 (10) TMI 1065X X X X Extracts X X X X X X X X Extracts X X X X ..... ntitled to operate the pension account and make all transactions with the amount lying therein, excluding a sum of Rs. 1,35,000/-, which according to the appellant, pertains to other amount. (b)The above sum of Rs. 1,35,000/- alone, shall be transferred from the pension account to the other account bearing Account No. 64000304842, which is under attachment. (c)The other account bearing Account No. 64000304842 shall be continued in attachment till the conclusion of the proceedings by the appellate authority. (d)In other respects, the direction issued by the learned Judge in paragraph 14 of the order impugned herein, shall stand confirmed and the Appellate Commissioner shall dispose of the appeals on merits and as per law, within a p ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... o the Appellate Commissioner as expeditiously as possible preferably within a period of three (3) months from the date of receipt of a copy of this order. Aggrieved by the aforesaid order passed by the learned Judge, the writ petitioner has preferred this writ appeal. 4. When this writ appeal came up before us on 14.09.2023, considering the age and ailment of the appellant and also in view of the fact that one of the bank accounts of the appellant relate to pension accruing account, we passed the following order, as an interim measure, for usage of the appellant to meet out his necessities: (i) The bank account bearing no. 57002167239 relating to pension amount, shall be released from attachment and out of available amount of R ..... X X X X Extracts X X X X X X X X Extracts X X X X ..... my pension account and Rs. 1,35,000/- which is other than pension amount. As on 31.08.2023 total account balance Rs. 15,54,893/- (2,24,843 + 6,92,405 + 5,02,645 + 1,35,000). That apart, the counsel for the appellant filed the statement of pension account in the form of additional typed set of papers and submitted that the appellant may be permitted to operate his pension accruing account for meeting out his health issues. 6. This court perused the bank account statement of the appellant, which makes it clear that the entire pension amount with arrears, is lying in the bank account of the appellant bearing No. 57002167239. It is also seen that only a sum of Rs. 1,35,000/- lying in that account relates to other amount. Therefore, the ..... X X X X Extracts X X X X X X X X Extracts X X X X
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