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1986 Supreme(Ker) 355

BHASKARAN NAMBIAR, MALIMATH
GOVT. SERVANTS CO-OP. SOCIETY LTD. – Appellant
Versus
SUKUMARAN NAIR – Respondent


Judgment :-

1. The short question for examination is this case is as to whether the appellant could seek attachment before Award, of the subsistence allowance amount which the appellant was liable to pay to the first respondent and which amount has been deposited before the appropriate authority under the Kerala Payment of Subsistence Allowance Act, 1972. Aa attachment before award could be made by invoking the provisions of S.78 of the Kerala Co-operative Societies Act, 1969, which lays dawn that:

"If the Registrar is satisfied on an application, report, inquiry or otherwise, that any person with intent to delay or obstruct the enforcement of any order, decision or award that may be made against him under the provisions of this Act:

(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 the jurisdiction of the Registrar, the Arbitrator or the liquidator, as the case may be, he may, unless adequate security is furnished, by order in writing, direct the attachment of the said property, and such attachment shall have the same effect as if made by a competent civil court."

It is therefore clear from this prov









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