Release, sale and restoration of attached property
AI Assist
Summary
If the proclaimed person appears within the proclamation period, the court must release the attached property. If he does not appear, the property goes to the State but cannot be sold for six months or until any claims under section 84 are decided, except when it is perishable or sale would benefit the owner. If within two years he later appears and proves he did not abscond and had no notice, the property or net sale proceeds after costs are returned to him.
Example
Priya is proclaimed and her shop inventory is attached because she did not appear. The State holds the goods and, since they are not perishable, waits six months before selling them. Eight months later Priya appears and proves she did not abscond and had no notice; after deducting attachment costs the court orders the net sale proceeds returned to her.
Bare Act
Enacted text(1) If the proclaimed person appears within the time specified in the proclamation, the Court shall make an order releasing the property from the attachment.
(2) If the proclaimed person does not appear within the time specified in the proclamation, the property under the attachment shall be at the disposal of the State Government; but it shall not be sold until the expiration of six months from the date of the attachment and until any claim preferred or objection made under section 84 has been disposed of under that section; unless it is subject to speedy and natural decay, or the Court considers that the sale would be for the benefit of the owner, in either of which cases the Court may cause it to be sold whenever it thinks fit.
(3) If, within two years from the date of the attachment, any person whose property is or has been at the disposal of the State Government, under Sub-Section (2), appears voluntarily or is apprehended and brought before the Court by whose order the property was attached, or the Court to which such Court is subordinate, and proves to the satisfaction of such Court that he did not abscond or conceal himself for the purpose of avoiding execution of the warrant, and that he had not such notice of the proclamation as to enable him to attend within the time specified therein, such property, or, if the same has been sold, the net proceeds of the sate, or, if part only thereof has been sold, the net proceeds of the sale and the residue of the property, shall, after satisfying therefrom all costs incurred in consequence of the attachment, be delivered to him.
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