Attachment - Indian Laws - General

Meaning of attachment As per Black s Law Dictionary , 6th Edition Attachment. The legal process of seizing another s property in accordance with a writ or judicial order for the purpose of securing satisfaction of a judgment yet to be rendered. The act or process of taking, apprehending, or seizing persons or property, by virtue of a writ, summons, or other judicial order, and bringing the same into the custody of the court for the purpose of securing satisfaction of the judgment ultimately to be entered in the action. While formerly the main objective of attachment was to coerce the defendant debtor to appear in court by seizer of his property, today the writ of attachment is used primarily to seize the debtor s property in order to secure the debt or claim of the creditor in the event that a judgment is rendered. The remedy of attachment is governed strictly by state statutes, with such differing considerably as to when attachment is available (the majority of states providing that such is available at or after the commencement of the main action until entry of judgment). The expression attachment has no definite connotation. An order of attachment is passed for achieving a limited purpose. It is subject to further orders as also provisions of other statute. The word attachment would only mean taking into the custody of the law the person or property of one already before the court, or of one whom it is sought to bring before it. It is used for two purposes : (i) to compel the appearance of a defendant; and (ii) to seize and hold his property for the payment of the debt. It may also mean prohibition of transfer, conversion, disposition or movement of property by an order issued by the court. Kerala State Financial Enterprises Ltd. v. Official Liquidator, High Court of Kerala - 2006 (9) TMI 283 - SUPREME COURT