Section 100 in The Gujarat Co-Operative Societies Act, 1961
100. Attachment before award.
(1)Where a dispute has been referred to the Registrar or his nominee or board of nominees under Section 98 or under Section 110, or where the Registrar or the person authorised under Section 93 hears a person against whom charges are framed under that section, the Registrar or his nominee or board of nominees, or as the case may be, the person so authorised under Section 93 if satisfied on enquiry or otherwise that a party to such dispute or against whom proceedings are pending under Section 93 with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,-(a)is about to dispose of whole or any part of his property, or(b)is about to remove the whole or any part of his property from the jurisdiction of the Registrar.may, unless adequate security is furnished, direct conditional attachment of the said property and such attachment shall have the same effect as if made by a competent Civil Court.(2)Where a direction to attach property is issued under sub-section (1) the Registrar, his nominee or board of nominees or the person authorised, under Section 93 shall issue a notice calling upon the person whose property is so attached to furnish such security within such period as may be specified in the notice; and if the person fails to provide the security so demanded, the Registrar or his nominee or board of nominees or, as the case may be, the person authorised under Section 93 may confirm the order and, after the decision in the dispute or the completion of the proceedings referred to in sub-section (1) may direct the disposal of the property so attached towards the claim if awarded.(3)Attachment made under this section shall not affect the rights subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or bar any person holding a decree prior to such attachment against the person whose property is so attached from applying for the sale of the property under attachment in execution of such decree.
