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NCT Delhi - Section

Section 136 in The Delhi Co-operative Societies Rules, 2007

136. Application to set aside sale on deposit.

(1)In case immovable property is to be sold by the Recovery Officer, any person either owning such property or holding an interest therein by virtue of title acquired before such sale may apply to have the sale set aside on his depositing with the Recovery Officer,-
(a)for payment to the purchaser, a sum equal to five per cent of the purchase money, and
(b)for payment to the decree-holder, the amount of arrears specified in the proclamation of sale as that for the recovery of which the sale was ordered together with interest thereon and the expenses of attachment, if any, and sale and other cost due in respect of such amount less any amount which may since the date of such proclamation have been received by such decree-holder.
(2)If such deposit, together with an application, is made within thirty days from the date of sale, the Recovery officer, shall pass an order setting aside the sale and shall repay to the purchaser the purchase money so far as it has been deposited, together with the five per cent deposited by the applicant;Provided that if more than one person have made deposit and application under this rule, the application of the first depositor to the Recovery Officer shall be accepted.