Section 192 in West Bengal Co-operative Societies Rules, 2011
192. Procedure for conditional attachment of property.
(1) An application to the Registrar for a conditional order of attachments shall contain(a)full details of the property to be attached, its approximate value and the amount of claim of the society, and(b)evidence or affidavit in support of the contention that the person or the co-operative society concerned is about to remove or dispose of the property.(2)(a)Where such person or the Co-operative society fails to show cause why he or it should not furnish security or fails to furnish, the security required, within the time fixed by the Registrar, the Registrar may order that the property specified, or such portion thereof as appears sufficient to satisfy the claim, be attached and where an order of conditional attachment has been made under the clause (b) of sub-rule (1) of this rule, the Registrar may pass an order making the conditional attachment absolute.(b)Where such person or the Co-operative society shows sufficient cause or furnishes the required security and the property specified or any portion of it has been attached, the Registrar shall order the attachment to be withdrawn. Where the proceeding in which the order of attachment of property has been passed is dismissed, the Registrar shall also order the attachment to be withdrawn.(3)Where any claim is preferred to the property attached such claim shall be considered and disposed of by the Registrar in the manner provided for adjudication of claim to property attached in execution of a decree for payment of money.(4)An order of attachment including conditional attachment as passed by the Registrar shall have the same force and effect, as if, it has been made by civil court and shall continue in force until it is withdrawn or cancelled by the Registrar.(5)Order of attachment, including conditional attachment, if any, passed by the Registrar shall be served by such person as the Registrar may empower. The person so empowered shall follow, as far as possible, the procedure laid down in order XXI of the First Schedule to the Code of Civil Procedure, 1908.
