Amendment status not verified — confirm the current text below against the official source.
(i) (ii) ,. (iii-) 1 The Court of District and Sessions Judge 0n application by the Com- _petent av.thority psss such order or issue such direction as may be nece- ssary for the equitable distribution among t i ~c depositors of the money realised from out of the property attached· Upcn receipt of an application under Section 4·, the Court of the District and Sessions Judge shall i11sue to the Financial Establishment or to any other pason whose property is atta- ched by the Govt rnment under Sec- tion 3, a notice accompanied by an application and affidavit and the evidence, if any, recorded, calling upon him to show cause on a date to be specified in the notice as to why the order of att?.chment should not be made absolute. The Court of District ?.nd Sessions Judge shall also issue such notice to all other persons represented to it as having or being likely to claim any interest or title in the property of the Financial Establishment or the pcxson to whom the notice is issued calling upon such person to appear on the same date specified in the notice and make objection if he so desires to attachment of the property or any pc;rtion thereof on the ground that he has an inte- rest in such property or portion thereof. Any person claiming an interest in the property attaehed or any portion th.ereof may, notwithstanding that no notice has been served upon him under this section, make ~n objec- tion as aforesaid to the Gourt of District and Sessions Judge at any time before an order is passed under sub-section (iv) or sub-section (vi). 578 THE ASSAM GAZETTE. EXTRAORDINARY' JULY 21, 2000 ------ ----·-- - - -- ------ - (iv) If 110 cause is shown and no r bjcctions are made c n c·r before the speci- fied date the Court of District and Sessions Judgl:' ~ hall forthwith pass an ordc r maki- ng tl·e ad-interim order of attachment absdute. (v) If cause is shown c.r any objection Central Act . d c "d h c - f n· v of 190g. is ma e as a1ort.sa1 t e ourt o 1str- ict and Session Judge shall proceed to in- vcstig::).tc the same and in so doing, as regards the examina ti0n of the parties and ·in all other respects, the Cc urt cf Distri- ct 2.nd Sessions Judge sh2.ll, subject to the pre.visions of tt is Act, follow the procedure and exercise ?.11 the powas of a Cc urt in hearing a suit under the Code ef Civil Procedure, 1908 and any person making an objectioP shall be required to adduce evidence to shc.w that on the date of the attc:d ment he had some interest in the property attached. (vi) After investiga.tion under sub-sec- tion (v), tbe Court of District and Sessi- ons Judge shall pass an vrder making the ad-interim order of attachment absolute or varying it by releasing a portion c·f the property from 2.ttachment or cancelling the ad-interim order of attachment : Provided that the Court of District and Sessions Judge shall not' release from attachment any interest, which it is satis- fied that the Financial Establishment or the person referred to in the sub-section (i ), has in the property unless it _ is also satisfied that there will remain under attachment an amount or property of value not less than the-value that is ~required for re-payment to the depositors· of such Fin· ancial Establishmc nt. .. THE ASSAM GAZETTE, EXTRAORDINARY JULY 21, 2000 57~ Attachmc~t