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[Cites 0, Cited by 0] [Section 37] [Entire Act]

Union of India - Subsection

Section 37(8) in The Multi-State Co-Operative Societies Rules, 2002

(8)
(i)Where 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 if the decree sought to be attached was passed by the Central Registrar or any other person authorised by him [not below the rank of Assistant Registrar of Co-operative Societies in a State or an officer of equivalent rank] [ Inserted by G.S.R. 717(E), dated 12.11.2007 (w.e.f. 15.11.2007).].
(ii)Where the Central Registrar makes an order under clause (i) he shall on the application of the decree-holder who has attached the decree, proceed to execute the attached decree and apply the net proceeds in satisfaction of the decree sought to be executed.
(iii)The holder of a decree sought to be executed by the attachment of another decree of the nature specified in clause (i), 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 for the holder thereof.
(iv)Where the property to be attached in execution of a decree is a decree other than a decree of the nature referred to in clause (i), the attachment shall be made by issue of a notice by the recovery officer to the holder of such decree prohibiting him from transferring or charging the same in any way.
(v)The holder of a decree attached under this sub-rule shall give the recovery officer executing the decree such information and aid as may reasonably be required.
(vi)On the application of the holder of a decree sought to be executed by the attachment of another decree, the recovery officer making an order of attachment under this sub-rule 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 either through the said recovery officer or otherwise, shall be recognised so long as the attachment remains in force.