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NCT Delhi - Section

Section 133 in The Delhi Co-operative Societies Rules, 2007

133. Attachment of decree.

(1)In case the property to be attached is a decree either for the payment of money or for, sale in enforcement of a mortgage or charge, the attachment shall be made-
(a)if the decree sought to be attached was passed by the Registrar or by any person to whom dispute was referred by the Registrar under section 71 of the Act, on the order of the Registrar on the application of the Recovery Officer.
(b)if the decree sought to be attached was passed by a court and has not been sent for execution to any other court, by the issue to such court of a notice by the Recovery Officer, requesting such Court to stay the execution of its decree unless and until-
(i)the Recovery Officer cancels the notice, or
(ii)the holder of the decree sought to be executed by the Registrar or the judgment debtor thereof applied to the Court receiving such notice to execute its own decree
(c)if the decree sought to be attached is pending execution in a Court which did not pass the same, by the Recovery Officer Seeking to attach such decree in execution, sending the notice referred to in clause (b) to such Court, where upon the provisions of that clause shall apply in the same manner as if such Court had passed the decree and the said notice had been sent to it in pursuance of the said clause.
(2)In case the Registrar makes an order under clause (a) of sub-rule (1) or when a Court receives a notice under clause (b) or clause (c) of the said sub-rule, the Registrar or the Court shall, on the application of the decree-holder who has got the decree attached or his defaulter proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree being executed by the Recovery Officer.
(3)The holder of a decree sought to be executed by the attachment of another decree of the nature specified in sub rule (1) shall be deemed to be the representative of the holder of the attached decree and to be entitled to execute such attached decree in any manner lawful for the holder thereof.
(4)The holder of a decree attached under this rule shall give the court or the Recovery Officer executing the decree such information and aid as may reasonably be required.
(5)On the application of the holder of a decree sought to be executed by the attachment of another decree, the Recovery Officer shall give notice of such order to the judgment debtor bound by the decree attached, and no payment or adjustment of the attached decree made by the judgment debtor in contravention of such order after receipt of notice thereof, shall be recognised so long as the attachment remains in force.