Section 26(2) in Himachal Pradesh Co-operative Agriculture and Rural Development Banks Act, 1979
(2)No such power shall be exercised, unless and until-(a)the Board or the Committee has previously authorised such sale in the exercise of the power conferred on it by sub-section (1), after hearing and deciding the objections, if any, of the person who created the gehan or executed, the mortgage or hypothecation or any other person having any interest in the security property;(b)notice in writing requiring payment of sums due to the Agriculture and Rural 'Development Bank' or any part thereof, has been served upon-(i)the person creating or executing the Gehan or mortgage or hypothecation;(ii)any person who has any interest or charge upon the property to which the Gehan or mortgage or hypothecation relates or any other right to redeem the same;(iii)any surety for the payment of the sums due to the Agriculture and Rural Development Bank or any part thereof; and(iv)any creditor of the person creating or executing the Gehan or mortgage, who has in a suit for the administration of his estate, obtained a decree for sale of the property to which gehan or mortgage or hypothecation relates;(c)there has been default in payment of such sums due to the Agriculture and Rural Development Bank for a period of six months after service of the notice referred to in clause (b):Provided that the objection to give such notice to the persons mentioned in sub-clauses (ii) and (iv) shall be confined to cases where the Board or the Committee has notice of such claims; and(d)the Registrar, in case where the amount claimed by the State Bank is disputed, has certified that the amount claimed or lesser amount is due from the person creating or executing the gehan, mortgage or hypothecation.]
