(4) Where(a) the sheriff receives a notice from an execution creditor under paragraph (2) of this Order, disputing a claim or
the execution creditor fails, within the period mentioned in that paragraph 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(b) the claim made under this rule is not withdrawn, the sheriff may apply to the Court under this Order.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 paragraph (2) of this Order, 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 of the following kind, that is to say, an order restraining the
bringing of an action against him for or in respect of his having taken possession of that money or those goods or
chattels.
3. (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(2) Where the applicant is a sheriff who has withdrawn from possession of money, goods or chattels taken in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(l) of this Order to or in respect of that money or goods or chattels and that
person may attend the hearing of the application.
(3) No appearance need be entered to an originating summons under this provision.
4. The applicant shall satisfy the Court or a Judge in chambers by affidavit or otherwise that(a) the applicant claims no interest in the subject-matter in dispute other than for charges or costs; and
(b) the applicant does not collude with any of the claimants; and
(c) the applicant is willing to pay or transfer the subject-matter into the Court or to dispose of it as the Court or a
Judge in chambers may direct.
5. Where the applicant is a defendant, applicant for relief may be made at any time after service of the writ of
summons.
6. If the application is made by a defendant in an action, the Court or a Judge in chambers may stay all further
proceedings in the action.
7. If the claimants appear in pursuance of the summons, the Court or 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.
8. If 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 a Judge in chambers may make an order declaring him and all
persons claiming under him, forever barred against the applicant and persons claiming under him but the order
share
not
affect
the
rights
of
the
claimants
as
between
themselves.
9. The Court or a Judge in chambers may, in or for the purposes of any interpleader proceedings, make all such
orders as to costs and all other matters as may be just and reasonable.