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Section 10: Attachment of property of malafide transferees

The Odisha Protection of Interests of Depositors (in Financial Establishment) Act, 2011State Act of Odisha · Act 21 of 2013

(1) Where the assets available for attachment of a Financial Establishment or the person referred to in section 3 are found to be less than the amount or value which such Financial Establishment is required to repay to the depositors and where the Designated Court is satisfied by affidavit or otherwise, that thee is reasonable cause for believing that the said Financial Establishment has transferred, whether before or after the commencement of this Act, any of the property otherwise than in good faith and for consideration, the Designated Court may, by notice, require any transferee of such property, whether or not he received the property directly from the said Financial Establishment, to appear on a date to be specified in the notice and show cause why so much of the transferee's property as is equivalent to the proper value of the property transferred should not be attached.

(2) Where the said transferee does not appear and show cause on the specified date or where after investigation in the manner provided in sub- section

(5) of section 9, the Designated Court is satisfied that the transfer of the property to the said transferee was not in good faith and for consideration, the Designated Court shall order the attachment of so much of the said transferee's properly as in the opinion of the Designated Court equivalent to the proper value of the property transferred.

11. Any Financial Establishment or person whose properly has been or is about to be attached under this Act may, at any time, apply to the Designated Court for permission to give security in lieu of such attachment and where the security offered and given is, in the opinion of the Designated Court, satisfactory and sufficient, it may cancel the ad-interim order of attachment or, as the case may be, refrain from passing the order under sub-section (6) of section 9.

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Where this provision sits

ActThe Odisha Protection of Interests of Depositors (in Financial Establishment) Act, 2011
Section10
Marginal noteAttachment of property of malafide transferees
JurisdictionState of Odisha
StatusIn force as published by the source

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