Section 11 in The Orissa Estates Abolition Rules, 1952
11. Determination of amount due to creditor of maintenance-holder (Section 20).
(1)on receipt of the statement of claims, the Claims officer shall serve a notice on the intermediary of the estate together with a copy of the statement of claims filed by the creditor or maintenance-holder under Rule 10 and shall call upon the Intermediary to file a written statement within fifteen days of the service of the notice or such further times as the Claims Officer may allow. if the claim of the creditor or maintenance-holder is admitted by the intermediary, the Claims Officer shall determine, in case of a creditor, the principal and the interest in the manner provided in Sub-section (2) of Section 20 and in case of a maintenance-holder shall determine (4) of Section 20.(2)The Claims Officer shall give reasonable opportunities to the parties and other persons interested in the claim for producing evidence and of being heard and then proceed to determine the principal and the interest due to the creditor or the claim of the maintenance-holder for allowance in the manner provided in Section 20. If the Intermediary fails to submit his written statement without any just or reasonable ground within the period allowed under Sub-rule (1) the Claims Officer may proceed to determine the claim ex parte.(3)The Claims Officer shall record a summary of the evidence tendered and briefly state the reasons for coming to a decision regarding the principal amount and interest due to a creditor or the claim of a maintenance-holder.(4)Save as otherwise expressly provided in these rules, the Claims Officer shall, in hearing and disposing of claims filed under Section 18, follow, so far as may be. the same procedure as is provided in the Code of Civil Procedure 1908, an the hearing and disposal of suits.(5)The rate of interest admissible under Clause (e) of Subsection (2) of Section 20 shall be as follows, namely :(a)Three Per centum per annum simple interest if the principal ascertained exceed Rs. 50,000/- (Rupees fifty thousand) but in no case shall the amount of interest calculated on any such principal be less than the amount calculated on any such principal under Clause (b);(b)four per centum per annum simple interest, if the principal ascertained exceeds Rs. 10,000/- (Rupees ten thousand but does not exceed Rs- 50,000/- (Rupees fifty thousand) but in no case shall the amount of interest calculated on any such principal be loss than the amount calculated on any such principal under Clause (c);(c)five per centum per annum simple interest if the principal ascertained exceeds Rs. 5,(00/- (Rupees five thousand) but does not exceed Rs. 10,000/- (Rupees ten thousand) but in no case shall the amount of interest calculated on any such principal under Clause (d); and(d)six per centum per annum simple interest if the principal ascertained is Rs. 5,000/. (Rupees five thousand) or less than Rs. 5,0001. (Rupees five thousand).
