Section 15 in The Assam Debt Conciliation Act, 1936
15. Grant of certificate by Board in respect of certain debts.
(1)Where, during the hearing of an application made under Section 4, any creditor refuses to agree to an amicable settlement, the Board may, if it is of the opinion that the debtor has made such creditor a fair offer which the creditor ought reasonably to accept, grant the debtor, in such form as may be prescribed, a certificate including the particulars of the fair offer in respect of the debt owed by him to such creditor.(2)Effect of refusal to agree to a fair offer. - Where any creditor sues in any Civil Court for the recovery of a debt in respect of which a certificate has been granted under sub-section (1), the Court, notwithstanding the provisions of any law for the time being in force, may, if it thinks fit, refuse to grant a decree for any sum in excess of the sum specified in the certificate as a fair offer, and shall not allow the plaintiff any costs in such suits, or any interest on the debt after the date of such certificate in excess of simple interest at 6 per cent per annum on the principal amount due on the date of such certificate.(3)Where after the registration of an agreement under sub-section (2) of Section 12 any creditor sues for the recovery of a debt in respect of which no settlement has been made though it was included in the application under Section 6 or in the statement of debts under Section 8 or any creditor sues for the recovery of a debt incurred after the date of such registration, any decree passed in such suit shall, notwithstanding anything contained in the Code of Civil Procedure 1908, not be executed until all amount recorded as payable under such agreement has been paid or such agreement has ceased to subsist:Provided that the provision in this sub-section shall not apply to the execution of a rent decree.
