CCOS Rules 65Chapter X · Execution of Decrees

Section 65 · Attachment of other movable property

(1)

Where the movable property to be attached is the salary or allowance or wages of a public officer or a railway servant or a servant of a local authority or a firm or a company, the Recovery Officer may, on receiving a report from the Sale Officer, order that the amount shall, subject to the provisions of Section 60 of the Code of Civil Procedure, 1908, be withheld from such salary or allowance or wages, either in one payment or by monthly instalments as the Recovery Officer may direct and upon receipt of an order, the officer or other person whose duty is to disburse such salary or allowance or wages shall withhold and remit to the Sale Officer, the amount due under the order or the monthly instalment, as the case may be.

(2)

Where the property to be attached consists of the share or interest of the Judgement-debtor in movable property belonging to him and another as co-owners, the attachment shall be made by a notice to the Judgement-debtor, prohibiting him from transferring the share or interest or charging it in any way.

(3)

Where the property to be attached is a negotiable instrument not deposited in a Court, nor in the custody of a public officer, the attachment shall be made by actual seizure and the instrument shall be brought to the office of the Recovery Officer ordering the attachment and be held subject to his further orders.

(4)

Where the property to be attached is in the custody of any Court or public officer, the attachment shall be made by a notice to such Court or officer, requesting that such property and any interest or dividend becoming payable thereon may be held subject to the further orders of the Recovery Officer issuing the notice:Provided that where such property is in the custody of a Court or any other Recovery Officer, any question of title or priority arising between the decree-holder and any other person, not being the Judgement-debtor, claiming to be interested in such property by virtue of assignment, attachment or otherwise shall be determined by such Court or Recovery Officer, as the case may be.Explanation. - In this rule, a public officer includes a liquidator appointed under Section 70.

(5)

(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 Registrar or by a nominee or Board of nominees to whom a dispute has been transferred by the Registrar under Section 66, by the order of the Registrar.

(ii)

Where the 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 the 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 Judgement-debtor bound by the decree attached; and no payment or adjustment of the attached decree made by the Judgement-debtor in contravention of such order after receipt of notice thereof, either through the said Recovery Officer or otherwise, sh all be recognised so long as the attachment remains in force.

(6)

Where the movable property to be attached is-

(a)

a debt due to the Judgement- debtor is question;

(b)

a share in the capital of a corporation or a deposit invested therein; or

(c)

other movable property not in the possession of the Judgement-debtor, except property deposited in or in the custody of any Civil Court, the attachment shall be made by a written order signed by the Recovery Officer prohibiting-

(i)in the case of a debt, the creditor from recovering the debt and the debtor from making payment thereof;

(ii)in the case of a share or deposit, the person in whose name the share or the deposit may be standing, from transferring the share or deposit or receiving any dividend or interest thereon; and

(iii)in the case of any other movable property except aforesaid, the person in possession of it from giving it over to the Judgement-debtor.

A copy of such order shall be sent in the case of the debt to the debtor, in the case of the share or deposit to the proper officer of the corporation and in the case of the other movable property except property deposited in or in the custody of a Civil Court, to the person in possession of such property. As soon as the debt referred to in clause (a) or the deposit referred to in clause (b) matures, the Recovery Officer may direct the person concerned to pay the amount to him. Where the share is not withdrawable, the said Recovery Officer shall arrange for its sale through a broker. Where the share is withdrawable, its value shall be paid to the Recovery Officer or to the party referred to in clause (c), the person concerned shall place it in the hands of the Recovery Officer as it becomes delivered to the Judgement-debtor.

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