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Section 47: Mode of making attachment before judgment

The Karnataka Co-operative Societies Rules, 1960.State Rules of Karnataka · 1959

(1) Attachment of property under Section 103 of the Act, shall be made in the manner provided in Rules 36, 37 and 38.

(2) Where a claim is preferred to property attached under sub-rule (1), such claim shall be investigated in the manner and by the authority specified in Rule 41.

(3) Where an attachment of any property is made under sub-rule (I), the Recovery Officer shall order the attachment to be withdrawn.-

(a) when the party concerned furnishes the security required, together with security for the cost of the attachment;

(b)when the liquidator determines under clause (b) of sub-section (2) of Section 74 of the Act that no contribution is payable by the party concerned; or

(c) when the Registrar passes an order under sub-section (1) of Section 69 that the party concerned need not repay or restore any money or property or contribute any sum to the assets of the society by way of compensation or;

(d) when the dispute referred to in sub-section (1) of Section 71 has been decided against the party at whose instance the attachment was made.

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(4) Attachment made under sub-rule (1) shall not affect the rights existing prior to the attachment, of persons not parties to the proceedings in connection with which the attachment was made, nor bar any person holding a decree against the person whose property is attached from applying for the sale of the property under attachment in execution of such decree.

(5) Where property is under attachment by virtue of the provisions of this rule and a decree is subsequently passed against the person whose property is attached, it shall not be necessary upon an application for execution of such decree to apply for re-attachment of the property.

Where this provision sits

ActThe Karnataka Co-operative Societies Rules, 1960.
Section47
Marginal noteMode of making attachment before judgment
JurisdictionState of Karnataka
StatusIn force as published by the source

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