Section 99 in The Orissa Co-operative Societies Rules, 1965
99. Procedure on receipt of application by the Principal Officer.
(1)The application shall be made in the form specified by the [Auditor-General] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] 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 or to secure the attachment of movable property.(2)On receipt of the application, the Principal Officer of the area, shall verify the correctness and genuineness of the particulars set forth in the application with the records, if any, in his office and prepare and sign a demand notice in writing in duplicate in the form prescribed by the [Auditor-General] [Substituted by Orissa Gazette Extraordinary No. 500, dated 23.4.1997.] setting forth the name of the defaulter, the amount due including the expenses, if any, and the betta to be paid to the person who shall serve the demand notice and forward to a Sales Officer to effect service in the manner hereinafter prescribed. If the defaulter resides or the property situated or held outside the jurisdiction of the Principal Officer of the area to whom the application is made, the Principal Officer of the area within whose jurisdiction the defaulter resides, or such property is situated or held on receipt of the application by transfer as provided under Sub-rule (2) of Rule 98 shall sign the demand notice and shall forward it to his Sales Officer to effect service.(3)Unless the decree-holder has expressed a desire that proceedings shall be taken in a particular order as laid down in Sub-rule (1), execution shall ordinarily be taken in the following manner -(a)movable property of the defaulter shall be first proceeded against but this shall not preclude the immovable property being proceeded against simultaneously in the case of necessity;(b)if there is no movable property or if the sale proceeds of the movable property or properties attached and sold are insufficient to meet the demand of the decree-holder the immovable property mortgaged to the decree-holder or other immovable property belonging to the defaulter may be proceeded against.
