Attachment

RDDB Act, 1993 — Section 19(7)

A court order restraining a judgment debtor from transferring, disposing, or encumbering property. Under the DRT regime, an interim attachment may be sought at the time of filing an Original Application under Section 19(7) of the RDDB Act.

Before the DRT hears the case on merits, a bank may seek attachment of the borrower's properties to prevent dissipation of assets.

In practice, attachment is how a creditor stops a borrower from emptying out before judgment arrives. Under Section 19(7) of the RDDB Act, 1993, a bank filing an Original Application can ask the DRT for interim attachment of the borrower's properties so they cannot be sold, gifted, or encumbered while the case is being heard on merits. This matters most early in a matter's lifecycle, when there is a genuine risk of asset dissipation, the attachment preserves the very property the eventual Recovery Certificate will need to realise. The applicant must usually show a real likelihood of the borrower defeating recovery, not merely assert it; a thin or mechanical application can be refused or set aside. Wrongful or overbroad attachment also exposes the creditor to objections and damages claims by the borrower or third parties. Well-advised creditors confirm the asset belongs to the borrower and pinpoint the dissipation risk before seeking attachment.