(1) Where the arbitrator of the attachment before award by Arbitrator for Multi state cooperative society is satisfied that a party to any reference made to him under section 84 of Multi state cooperative societies Act, 2002, with intent to defeat or delay the execution of any decision that may be passed thereon is about to -
(a) dispose of the whole or any part of the property;
(b) remove the whole or any part of the property from its existing precincts, the arbitrator may, unless adequate security is furnished, direct conditional attachment of the said property or such part thereof as its deems necessary. You will definitely enjoy the stuff on power to make rules for cooperative society
(2) The attachment under sub-section (1) shall be executed by a civil court having jurisdiction in the same way as an attachment order passed by itself and shall have the same effect as such order. Section 96 of the 2002 Act is corresponding to Section 87 of the 1984 A There is a change which is as under: In sub-section (1) of Section 96 of the 2002 Act "arbitrator" has beer mentioned in place of "Central Registrar". Under Section 96 arbitrator has been empowered to direct conditions, attachment of property to safeguard interest of the petitioner who has applier in multi state cooperative society; execution of decision and enforcement of charge. There may be situations which a party to any reference made to arbitrator may try to defeat or delay execution of any decision likely to be passed by disposing of the property or removing the property. In such cases arbitrator has been provided power attachment before award. Arbitrator can pass order of attachment before passing award only if is satisfied that a party to any reference with intent to defeat or delay execution of the decision likely to be passed is about to either (a) Dispose of the whole or any part of the property, or (b) Remove the whole or any part of the property from its existed precincts. However, if adequate security has beenfumished then the arbitral cannot order for attachment before passing of award. The order of attachment passed by the arbitrator is to be executed a bar of Jurisdiction of Courts for cooperative society in the same way as an attachment order.