regarding m.a.c.t not the insurance

PRAKASHCHANDRA MARU (Querist) 06 May 2009 This query is : Resolved
HELLO ALL LEARNED RESPECTED
I WOULD LIKE TO LODGE CLAIM BUT HTERE IS NO INSURANCE SO I WOULD LIKE TO APPLY ATTATTCHMENT BEFORE THE JUDGEMENT APPLICATION AGAINST THE DEFENEDANT BUT QUESTION IS THAT MY CLIENT DOES NOT KNOW THE PROPERTY OF THE DEFENDANT WHAT I SHOULD DO? UNDER WHICH SECTION OR RUELE THE SAID APPLICATION WILL BE APPLY? AND IS THERE HEARING COUMPLASARY TO THE SAID APPLICATION AT THE TIME OF THE ADMISSION OF THE CLAIM
PLS INFORM ME THANKS IN ADVANCE

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n.k.sarin (Expert) 06 May 2009
In M.A.C.T case, I think attachment before the judgement application is not maintainable.may be provision vary state to state.

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adv. rajeev ( rajoo ) (Expert) 07 May 2009
Attachment before judgement application is not maintinable in MACT. ONly after the award is passed and in exeuction proceedings u can get attache the property.

J K Agrawal (Expert) 07 May 2009
One case of Bombay H C is there Mansingh v Sudhir Ganpatrao Girdhari 1986 I ACC191 = 1985 Mah L J 659 (Bom)

Kamlesh soni (Expert) 08 May 2009
Yes, i do agree that Attachment before judgement application is not maintinable in MACT. ONly after the award is passed and in exeuction proceedings u can get attache the property

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