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Cash Credit Accounts cannot be attached u/s 226(3) of the Act as there is no relationship of 'debtor and creditor' between the bank and the customer. In a Cash Credit facility, the bank provides an overdraft limit for the customer to utilize, and interest is charged on the amount utilized. The bank does not hold any money belonging to the customer, nor does it owe any debt to the customer. The Cash Credit limit is merely a facility extended by the bank, and the amount cannot be attached as the bank is not a 'debtor' to the customer. The orders of attachment passed by the authorities are beyond the powers conferred u/s 226(3) and are liable to be quashed.
Cash Credit Accounts cannot be attached u/s 226(3) of the Act as there is no relationship of 'debtor and creditor' between the bank and the customer. In a Cash Credit facility, the bank provides an overdraft limit for the customer to utilize, and interest is charged on the amount utilized. The bank does not hold any money belonging to the customer, nor does it owe any debt to the customer. The Cash Credit limit is merely a facility extended by the bank, and the amount cannot be attached as the bank is not a 'debtor' to the customer. The orders of attachment passed by the authorities are beyond the powers conferred u/s 226(3) and are liable to be quashed.
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