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Section 5: Suit to challenge liability to payment

The Madhya Pradesh Government Electrical Undertakings (Dues Recovery) Act 1961State Act of Madhya Pradesh · Act 36 of 1961

(1) Where a notice of demand has been served on the debtor or his authorised agent under section 4, he may, if he denies his liability to pay the dues, penalty or costs or any part of any of them, institute a suit after depositing with the prescribed authority the aggregate amount specified in the notice of demand under protest in writing that he is not liable to pay the same within three months of the date of the service of the notice of demand.

(2) A suit referred to in sub-section (1) may be instituted in a civil court of competent jurisdiction at any time within six months from the date of deposit with the prescribed authority and subject to the result of such suit, the notice of demand shall be conclusive proof of the various dues, penalty and costs mentioned therein.

6. Recovery of dues, etc., if not paid.· (1) If the aggregate amount of the various dues, penalty and costs mentioned in the notice of de«1and served under section 4 is not deposited with the prescribed authority within three months of the date of such service or such extended period as the prescribed authority may from time to time allow, the debtor shall be deemed to be in default in respect of such amount and the same shall be recoverable as an arrear of land revenue anything contained in any other law or instrument, or agreement to the contrary notwi~standing...

(2) For the purpose of such recovery, the prescribed authority may forward to the Collector a cert.ificate under his signature in the prescribed form stating the amount and details of the demand and the name and description of the debtor in default and the Collector shall in receipt of such certificate, proceed to recover from the debtor the amount of the 616 M.P. ELectricity demand as jf it were an arrear of land revenue.

Manual

Where this provision sits

ActThe Madhya Pradesh Government Electrical Undertakings (Dues Recovery) Act 1961
Section5
Marginal noteSuit to challenge liability to payment
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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