| (1) |
Application for grant of certificate for recovery.‐ |
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(a) |
Every application for the grant of a certificate for recovery under section 154B-29 shall be submitted alongwith a court fee of rupees one hundred. |
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(b) |
The application must specify the dues the society claims from the person against whom the amount is due. |
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(c) |
The application shall clearly state whether the person from whom the amount is claimed is a member of the society or not. |
| (2) |
The application shall be accompanied with,‐ |
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(a) |
A letter of authority, authorizing an officer or a representative to submit the application and represent the society before the Registrar. |
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(b) |
A certified true copy of the up-to-date account of dues or personal ledger of the defaulting member or occupier. |
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(c) |
A certified true copy of the resolution approving the levy of major repair funds or construction costs. |
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(d) |
A certified true copy of the resolution approving the levy of simple interest on the dues. |
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(e) |
The original treasury challan or any other proof of the deposit of fees. |
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(f) |
A copy of the notice issued by the society. |
| (3) |
Scrutiny and Registration of Application.‐ |
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(a) |
Upon receiving the application, the Registrar shall ensure that the application is complete before proceeding to register it. |
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(b) |
If the application is incomplete, the Registrar may direct the society to rectify the deficiencies within seven days. |
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(c) |
After compliances of the requirements, the application shall be registered. If the requirements are not complied with, within the period specified, the Registrar shall dismiss the application. |
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(d) |
After registration, the Registrar shall, within fifteen days, issue a notice to the opponent, requiring them to file a written statement on the specified day, date and place as specified in the notice. |
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(e) |
The notice shall be served through hand delivery, registered post acknowledgment due, or if the opponent could not be easily found by publication of public notice thereof in at least one local daily newspaper. |
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(f) |
The provisions of the Code of Civil Procedure, 1908 shall mutatis mutandis apply to such public notice. |
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(g) |
The expenses for the publication of the notice shall be borne by the applicant. |
| (4) |
Appearance of parties and consequences of non-appearances,‐ |
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(a) |
On the date fixed as aforesaid, the opponent shall appear either personally or through his advocate or his representative before the Registrar and shall file a written statement in his defense. The Registrar may grant adjournment for a period not exceeding fifteen days in the first instance to file a written statement. |
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(b) |
On the date of hearing, if the applicant appears and the opponent or any of the opponents, if more than one, does not or do not appear, as the case may be, the Registrar shall after satisfying himself that all the opponent are duly served the notices, order the applicant to prove the claim on the next date and decide the application ex-parte: |
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Provided that, before deciding the application, if the opponent appears and shows a sufficient cause for his non-appearance on the earlier occasions, he shall be heard in the matter as if he had appeared before the Registrar on the first day. |
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(c) |
If, on the date fixed for the hearing, the opponent appears and applicant does not appear,‐ |
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(i) |
the Registrar may issue a recovery certificate as admittance by the opponent; |
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(ii) |
non-appearance of the applicant would not be reason for dismissal of the claim and the Registrar shall decide the application on merit. |