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[Cites 0, Cited by 0] [Section 26] [Entire Act]

State of Goa - Subsection

Section 26(2) in The Goa, Daman and Diu Chit Funds Act, 1973

(2)If in a suit by a foreman for consolidated payment of future subscriptions from a defaulting prized subscriber the defendant pays into court on or before the date to which the suit is posted for hearing, the arrears of subscriptions till that date together with interest thereon at the rate provided for in the chit agreement or at twelve per cent per annum simple interest whichever is lower, and the costs of the suit for payment to the plaintiff, then notwithstanding any contract to the contrary court shall pass a decree directing that the defendant shall deposit in court for payment to the plaintiff, the future subscriptions on or before the dates on which they fall due and that in default of payment by the defendant of any future subscription on or before the due date the plaintiff shall be at liberty to realise in execution all the future subscriptions and interest thereon, less the amount, if any, already deposited by the defendant:Provided that if any such suit is upon a promissory note no decree shall be passed under this sub-section unless such promissory note expressly states that the amount due under the promissory note is towards payment of subscriptions to the chit.