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Union of India - Section

Section 22 in Multi-State Co-Operative Societies (Privileges, Properties and Funds, Accounts, Audit, Winding Up and Execution of Decrees, Orders and Decisions) Rules, 1985

22. Mode of Making Attachment Before Judgment.

(1)Attachment of property under section 87-shall be made in the manner provided in Rule 22-.
(2)Where a claim is preferred to property attached under sub-rule (1) such claim shall be investigated in the manner and by the authority specified in Rule 22-.
(3)Where a direction is made for the attachment of any property under sub-rule (1), the Recovery Officer shall order the attachment to be withdrawn-
(a)when the party concerned furnishes the security required, together with the security for the costs of the attachment ; or
(b)when the liquidator determines under clause (b) of sub-section (2) of section 81-that no contribution is payable by the party concerned ; or
(c)when the Central Registrar passes an order under sub-section (1) of section 73-that the party concerned need not repay or restore any money or property or 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 76-has been decided against the party at whose instance the attachment was made.
(4)Attachment made under sub-rule (1) shall not affect the right existing prior to the attachment of persons 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 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 to apply for re-attachment of the property.