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Rights of the Attaching Creditor

Rights of the Attaching Creditor :

When the garnishee deposits the attached amount in the Court, the attaching creditor (or judgement-creditor) becomes a secured creditor. In Rikhabchand Mohanlal Surana v. The Sholapur Spinning and Weaving Co. Ltd. (76 Bombay Law Reporter 748) the High Court held that –

“While the attachment is only by a prohibitory order then the attaching creditor has no rights in the property attached, but once the property or moneys come into the possession of the Court for the attaching creditor. The Court does not hold the money for the debtor more so when the garnishee obtains complete discharge by making payment in Court.”

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