Order 33 — Interpleader Proceedings

(1) Where a:

(a) person is under a liability in respect of a debt or in respect of any money, goods or chattels and he is, or expects to be sued for or in respect of that debt or money or the goods or chattels by two or more persons making adverse claims to it; or

(b) claim is made to any money, goods or chattels taken or intended to be taken by a sheriff in execution under any process, or to the proceed or value of any of such goods or chattels by a person other than the person against whom the process is issued,

the person under liability as mentioned in sub-rule (1)(a) of this rule or, as the case may be, the sheriff, may apply to the Court for relief by way of interpleader.

(2) Any reference in this order to sheriff shall be construed as including reference to any other officer charged with the execution of process by or under the authority of the Court.

(1) A person making a claim to or in respect of any money, taken in goods, or chattels taken or intended to be taken under the process of the Court or to the proceeds or value of any of such goods or chattels, shall give notice of his claim to the sheriff charged with the execution of the process and shall include in his notice a statement of his address, and that address shall be his address for service.

(2) On receipt of a claim made under this rule, the sheriff shall give notice to the execution creditor and the execution creditor shall, within 7 days after receiving the notice, give notice to the sheriff informing him whether he admits or disputes the claim.

(3) An execution creditor who gives notice in accordance with this provision admitting the claim shall only be liable to the sheriff for any fees and expenses incurred by the sheriff before the receipt of that notice.

(4) Where:

(a) the sheriff receives a notice from an execution creditor under sub-rule 2 of this rule, disputing a claim, or the execution creditor fails, within the period mentioned in sub-rule 2 of this rule to give the required notice; and

(b) the claim made under this rule is not withdrawn, the sheriff may apply to the Court under this order.

(5) A sheriff who receives a notice from an execution creditor under sub-rule (2) of this rule admitting a claim made under this provision, shall withdraw from possession of the money, goods or chattels claimed and may apply to the Court for relief under this provision; for an order restraining the bringing of an action against him for or in respect of his having taken possession of that money or the goods or chattels.

(1) An application for relief under this order shall be made by originating summons unless made in a pending action in which case it shall be made by motion in the action.

(2) Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in execution and who is applying for relief under rule 2 (5) of this order, the summons shall be served on any person who made a claim under rule 2 (1) of this order, to or in respect of that money, or those goods or chattels, and that person may attend the hearing of the application.

(3) An appearance need not be entered to an originating summons under this provision.

The applicant shall satisfy the Court or a Judge in chambers by affidavit or otherwise that the applicant:

(a) claims no interest in the subject matter in dispute, other than for charges or costs; and

(b) did not collude with any of the claimants; and

(c) is willing to pay or transfer the subject matter into Court or to dispose of it as the Court or a Judge in chambers may direct.

Where the applicant is a defendant, application for relief may be made at any time after service of the writ of summons.

Where the application is made by a defendant in an action, the Court or a Judge in chambers may stay any further proceeding in the action.

Where the claimant appears in pursuance of the summons, the Court or a Judge in chambers may order either that any claimant be made a defendant in any action already commenced in respect of the subject matter in dispute in lieu of or in addition to the applicant, or that an issue between the claimants be stated and tried, and in the latter case may direct which of the claimants is to be plaintiff, and which the defendant.

Where a claimant, having been duly served with a summons calling on him to appear and maintain, or relinquish his claim, does not appear in pursuance of the summons, or having appeared, neglects or refuses to comply with any order made after his appearance, the Court or Judge in chambers may make an order declaring him, and any person claiming under him, forever barred against the applicant and any person claiming under him; but the order shall not affect the right of the claimants as between themselves.

The Court or a Judge in chambers may, in or for the purposes of any interpleader proceeding, make any other order as to cost and any other matter as may be just and reasonable.