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Section 62: Application for execut ion to Recovery Officer

Madhya Pradeh Co-Operative Society Rules, 1962State Rules of Madhya Pradesh · 1960

(1) Any decree holder requiring the provisions of clause (c) of Sec tion 85 to be applied shall apply to the Recovery Officer in whose jurisdiction the cause of action arose and shall deposit the necessary cost on a scale fixed by the Registrar. If the judgment-debtor resides or the property to be proceeded against is si tu ated outside the jurisdiction of such Recovery Officer, the Recovery Officer shall transfer the application to the Recovery Officer in whose jurisdiction the judgment-debtor resides or the property is si tuated.

(2) Every such application shall be made in the form prescribed by the Registrar, and shall be signed by the decree -holder. The decree -holder may indicate whether he wishes to proceed in the first instance against the immovable property mortgaged to the decree -holder or other immovable property or to secure the attachment of the movable property. The decree - holder may also indicate whether he wishes to proceed for recovery under Rule 66 or 66(A) of the rules:

Provided that i t shall be open to the decree -holder at any stage of the proceedings under Rule 66(A) to adopt the mode of recovery under Rule 66 for reasons of quick and effective recovery. The Recovery Officer and the Sales Officer shall then act accordingly.

(3) On receipt of the application, the Recovery Officer shall verify the correctness and genuineness of the particulars set forth in the application with the records, if any, in the office of the Registrar and prepare a demand notice in writ ing in duplicate in the form specified by the Registrar sett ing forth the name of the judgment -debtor and the amount due and forward i t to the Sale Officer.

Where this provision sits

ActMadhya Pradeh Co-Operative Society Rules, 1962
Section62
Marginal noteApplication for execut ion to Recovery Officer
JurisdictionState of Madhya Pradesh
StatusIn force as published by the source

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