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[Cites 0, Cited by 0] [Section 37(5)] [Section 37] [Entire Act]

Union of India - Subsection

Section 37(5)(a) in The Multi-State Co-Operative Societies Rules, 2002

(a)the Sale Officer, shall after giving previous notice to the decree-holder, proceed to the village or place where the judgment-debtor resides or the property to be distrained is situated and serve a demand notice upon the judgment-debtor if he is present. If the amount due together with the expenses be not at once paid, the Sale Officer shall make the distress and shall immediately deliver to the judgment-debtor a list or inventory of the property distrained and an intimation of place and day and hour at which the distrained property will be brought to sale if the amount due are not previously discharged. If the judgment-debtor is absent, the Sale Officer shall serve the demand notice on some adult male member of his family, or on his authorised agent, or when such service cannot be effected, shall affix a copy of the demand notice on some conspicuous part of his residence. He shall then proceed to make the distress and shall fix the list of property attached on the usual place of residence of the judgment-debtor, endorsing thereon the place where the property may be lodged or kept and an intimation of the place, day and hour of sale.
(aa)[ The demand notice issued by the recovery officer under sub-rule (3) shall contain the name of the judgment-debtor, the amount due, including the expenses, if any, and the batta to be paid to the person who shall have the demand notice, the time allowed for payment and in case of non-payment, the particulars of the properties to be attached and sold. After receiving the demand notice, the time allowed for payment and in case of non-payment, the particulars of the properties to be attached and sold. After receiving the demand notice, the sale officer shall serve or cause to be served demand notice upon the judgment-debtor. If the judgment-debtor fails to pay the amount specified in the demand notice within the time allowed.] [ Inserted by G.S.R. 717(E), dated 12.11.2007 (w.e.f. 15.11.2007).]