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State of Uttar Pradesh - Section

Section 312 in The U.P. Co-operative Societies Rules, 1968

312.

(a)Every decree-holder requiring execution of an award or order under the provisions of clause (b) of Section 92 shall apply to the Recovery Officer having jurisdiction over the area in which the judgment-debtor resides or has property and shall deposit the probable cost of execution as may be fixed by such officer.
(b)Every such application shall be made in the form specified by the Registrar and shall be signed by the decree-holder. The decree-holder may indicate whether he wishes to proceed against the immovable property mortgaged to him, if any, or other immovable property or to secure the attachment of movable property. Where he wishes to proceed against immovable property, he shall give in the application such description of the property as is sufficient for its identification. In case such property can be identified by boundaries or numbers in a record of rights, settlement or survey, the specification of such boundaries or numbers and the specification of the judgment-debtor's share or interest in such property shall be given in the application.
(c)On receipt of such application, the Recovery Officer shall verify the correctness of the particulars set forth in the application with the records, if any, in the office of the Registrar and prepare or cause to be prepared a demand notice, in writing, in duplicate in the form specified by the Registrar setting forth the name of the judgment-debtor and the amount due and forward it to the Sale officer. The demand notice shall include the expenses, if any, and shall require the payment to be made by a specified date failing which the immovable property in question shall be attached and sold or sold without attachment, as the case may be:
Provided that where the Recovery Officer is satisfied that the judgment-debtor with intent to delay or obstruct the execution proceedings against him is about to dispose of or remove from the jurisdiction of the Recovery Officer the whole or any part of his property, then the property of the judgment-debtor may, notwithstanding the time allowed in the demand notice, be attached forthwith.