Section 135 in The Orissa Co-operative Societies Rules, 1965
135. Investigation of claims and objection to attachment of property.
(1)Where any claim is preferred in respect of any objection is made to the attachment of any property attached under this Chapter on the ground that such property is not liable to such attachment, the Sale Officer shall investigate the claim or objection and dispose of it on the merits :Provided that no such investigation shall be made when the Sale Officer considers for reasons recorded in writing the claim or objection is frivolous to cause unnecessary delay.(2)Where the property to which the claim or objection relates has been advertised for sale, the Sale Officer may postpone the sale pending investigation of the claim or objection :Provided that if the property attached is of a perishable nature, the Sale Officer shall forthwith sell the property giving notice to the claimant or the object or to present himself at the sale and the sale proceeds shall be kept in custody of the Sale Officer.(3)The claimant or objector mentioned in Sub-rule (2) shall adduce satisfactory evidence to show that at the time of attachment, he had some interest in, or was possessed of the property attached.(4)Where, upon the said investigation, the Sale Officer is satisfied that for the reasons stated in the claim or objection, such property was not at the date of the attachment, in the possession of the defaulter or of some person in trust for him or in the occupancy of a tenant or other person paying rent to him, or that being in the possession of the defaulter at the said date it was so in his possession, not on his own account or his own property but on account of or in trust for some other persons, or partly on his account and partly on account of some other persons, the Sale Officer shall make an order releasing the property, wholly or to such extent as he thinks fit, for attachment. Where the Sale Officer is satisfied that the property was at the said date, in the possession of the defaulter as his own property and not on account of any other person, or was in possession of some other person in trust for him or in the occupancy of a tenant or other person paying rent to him, the Sale Officer shall disallow the claim and the party against whom an order is made may institute a suit in an appropriate Court within six months from the date of the order, to establish the right claims to the property in dispute, but subject to the result of such suit, if any, the order shall be conclusive.
