95.Attachment before award or order and inter-locutory orders
(1) Where a dispute has been referred to the Co-operative Court under section 5[91, 93 or 105] or whether the Registrar or the person authorised under section 88 (hereinafter in this section referred to as “ the 6[authorised officer]”) hears a person against whom charges are framed under that section and the Co-operative Court or the Registrar or the 6[authorised officer], as the case may be, is satisfied on inquiry or otherwise that a party to such dispute or the person against whom proceedings are pending under section 88, with intent to defeat, delay or obstruct the execution of any award or the carrying out of any order that may be made,—
(a)is about to dispose of the whole or any part of his property, or
(b)is about to remove the whole or any part of his property from its or his jurisdiction,
the court or the Registrar or the 6[authorised officer], as the case may be, may, unless adequate security is furnished, direct conditional attachment of the said property, and such attachment shall have the same effect as if made by a competent Civil Court.
(2)Where attachment of property is directed under sub-section (1), the Co-operative Court or the Registrar or the authorised person, as the case may be, shall issue a notice calling upon the person whose property is so attached to furnish security as it or he thinks adequate within a specified period. If the person fails to provide the security so demanded, the authority issuing the notice may confirm the order and, after the decision in the dispute or the completion of the proceedings under section 88, may direct the disposal of the property so attached towards the claim if awarded.
(3)Attachment under this section shall not affect the rights subsisting prior to the attachment of the property, of persons not parties to the proceedings in connection with which the attachment is made, or 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.
(4)The Co-operative Court, the Registrar or the authorised person, as the case may be, may in order to prevent the ends of justice being defeated make such interlocutory orders pending the decision in a dispute referred to in sub-section (1) as may appear to be just and convenient].
.jpg)
