§ 26-3-7-32 — Injunctions; unlawful removal of grain; temporary restraining orders

Indiana § 26-3-7-32

• Jurisdiction: Indiana
• Title 26: COMMERCIAL LAW
• Art. 3: WAREHOUSES
• Ch. 7: Indiana Grain Buyers and Warehouse Licensing and

Text

(a) The director may apply for, and the courts
of this state are vested with jurisdiction to issue, a temporary or
permanent injunction against the business operation of a licensee, or
the issuance of receipts or tickets without a license and against
interference by any person with the director, the director's designated
representative, or a receiver appointed under section 31 of this chapter,
in the performance of their duties and powers under this chapter.
(b) Upon a determination by the director that there is reasonable
cause to believe that a licensee is unable to meet the licensee's storage
or other grain obligations, and that the licensee is removing, or the
director has reasonable cause to believe that the licensee may remove,
grain from the licensed premises, the director may, under the
conditions provided in, and in accordance with, the Indiana Rules of
Trial Procedure, seek from the circuit court, superior court, or probate
court of the Indiana county in which the licensee has the licensee's
principal place of business a temporary restraining order preventing the
further sale or movement of any grain and requiring that proceeds from
grain sales received after the issuance of the temporary restraining
order should be held in the form in which they are received by the
licensee and kept separate from all other funds held by the licensee.
Formerly: Acts 1973, P.L.268, SEC.1; Acts 1974, P.L.120,
SEC.18. As amended by Acts 1979, P.L.249, SEC.16; Acts 1982,
P.L.155, SEC.18; P.L.191-1991, SEC.12; P.L.125-1997, SEC.52;
P.L.84-2016, SEC.116.