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Section 44: Distribution of assets when there are claims under several decrees

The Karnataka Co-operative Societies Rules, 1960.State Rules of Karnataka · 1959

(1) Where the Sale Officer attaches or has attached under these rules, any property not in the custody of any Court, which is already under attachment made in execution of a decree of any Court such Court shall receive and realize such property and shall determine claims thereto and any objections to the attachment thereof: Provided that where the property is under attachment in the execution of decrees, of more Courts than one, the Court which shall receive or realize such property and shall determine and claim thereto and any objection to the attachment thereof shall be the Court of the highest grade, or where there is no difference in grade between such Courts, the Court under whose decree the property Was first attached.

(2) Where assets are held by the Sale Officer and before the receipt of such assets, demand notices in pursuance of applications for execution of decree against the same judgment-debtor have been received from more than one decree-holder and the decree-holders have not obtained satisfaction, the assets after deducting the costs of realisation, shall be rateably distributed by the Sale Officer among all such decree- holders in the manner provided in Section 73 of the Code of Civil Procedure, 1908.

Where this provision sits

ActThe Karnataka Co-operative Societies Rules, 1960.
Section44
Marginal noteDistribution of assets when there are claims under several decrees
JurisdictionState of Karnataka
StatusIn force as published by the source

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