Section 139 in The Orissa Co-operative Societies Rules, 1965
139. Conditional attachment of property.
(1)An application under Section 105 shall contain -(a)[ Satisfactory evidence in support of the contention that the party is about to dispose of the whole or any part of his or its property or the property which is the subject matter of dispute or legal proceeding under Sections 67, 68 or 75 of the Act, from the local jurisdiction of the Registrar, Auditor-General or the liquidator, as the case may be, with an intent to defeat or delay or obstruct the enforcement or execution of an order, decision or award that may be made or passed against him under the Act.] [Substituted vide Orissa Gazette Extraordinary No. 500, dated 23.4.1997.](b)full details of the property to be attached, its estimated value and the claim of the Society.(2)Attachment shall be made in the form as prescribed by the Registrar and in the manner provided in the Rules.(3)Where a direction is made for attachment of any property under Section 105 of the Act, the [Auditor-General or the liquidator as the case may be] [Substituted vide Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] shall order attachment to be withdrawn(a)when the party concerned furnishes the security required together with security for the cost of the attachment; or(b)[when the Liquidator under Section 75 determines that no contribution is payable by the party concerned or decides against the party at whose instance attachment was made.] [Substituted vide Orissa Gazette Extraordinary No. 500, dated 23.4.1997.](c)when the [Auditor-General or any person authorised by him passes an order under] [Substituted vide Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] the Act that the party concerned need not repay or restore any money or property 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 70 of the Act has been decided against the party at whose instance the attachment was made.(4)Attachment made under Section 105 shall not affect the right existing prior to the attachment of persons who are 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 or order to apply for re-attachment of the property.(6)Any order of attachment passed under Section 105 may be discharged or varied or set aside by the [authority who has passed order of such attachment] [Substituted vide Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] on his own motion or on the application made to him by any party affected by such order after giving the party or parties concerned an opportunity of being heard.Special Procedure for Land Development Banks
