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[Cites 0, Cited by 0] [Section 23] [Entire Act]

State of West Bengal - Subsection

Section 23(7) in The Court Of Wards Act, 1879

(7)current rent.After satisfaction of the above liabilities the Collector shall, subject to any order of the Civil Court in this behalf, release the property to the proprietor, and pay to him or his duly constituted agent any surplus that remains in the hands of the Collector, and shall furnish such proprietor with an account of the receipts and expenditure extending over the time when the property was under attachment.[Clause 3. - Administration of property by trustees on withdraw from change by the Court of Wards. - (1) When the Court of Wards decides to withdraw from the charge of any property on the ground that, in its opinion, the property is insufficient to pay the liabilities of the proprietor, secured and unsecured, within a reasonable period, it shall give the proprietor and his creditors such opportunities as it thinks reasonable to come to an agreement regarding the release of the property from the charge of which it is about to withdraw and if any such agreement is reached, the Court of Wards, if it is of opinion that the agreement is valid, shall release the property to the proprietor.] [This clause added by Bengal Act 6 of 1936.]If the property is not so released, the Court of Wards may, upon notice to the proprietor, call a meeting of his creditors to elect not less than two trustees to administer the property. At such meeting the creditors shall have votes in proportion to the debts owing to them respectively. The opinion of creditors to whom three-fourths of the debts of the proprietor are owing shall prevail. This procedure relating to the holding of such meeting shall be laid down by the Court of Wards.If the creditors fail to elect the trustees or if the trustees elected refuse to act within a time to be fixed by the Court of Wards, the Court of Wards may appoint the trustees. The trustees so elected or appointed shall be deemed to be appointed by the Civil Court.