Rule 86A
[Not applicable to Housing Societies] |
| Application for grant of certificate for recovery |
| (1) |
Every application for grant of certificate for recovery under section 101 shall be in Form "U". Such application shall be affixed by the court fees of rupees one hundred. |
| (2) |
Such application shall contain the claim of dues of the society against the persons from whom the amount claimed is due. |
| (3) |
Such application shall state whether the person against whom the amount claimed as due is a member of the society or not. |
| (4) |
To every such application there shall be accompanies a list of papers and the following papers, ‐ |
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(i) |
letter of authority, authorising officer of the society to present the application and to represent the society before the registrar; |
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(ii) |
certified true copy of the up to date extract of the account of dues; |
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(iii) |
original copy of the treasury challan or any other proof of deposit of fees; |
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(iv) |
copy of the notice given by the society to its member; |
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(v) |
certified true copies of the relevant documents copies of the loan documents such as loan application, promissory note, loan agreement etc.; |
| (5) |
Every such appliation may be presented, in person, in the office of Registrar during office hours by the authorised officer of the society or its Advocate. |
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Rule 86B
[Applicable to All Societies] |
| Scrutiny of appliations and notice to parties |
| (1) |
On receipt of the application, the registrar shallo satisfy that the application is complete in all respects and thereafter proceed to register it. |
| (2) |
If the application is not complete the Registrar may, call upon the society to comply with, within a period of seven days, such requirements a he may deem fit. |
| (3) |
On compliance of the requirements under sub-rule (2), the application shall be registered. If the requirements are not complied with, within the period specified under sub-rule (2), the Registrar shall dismiss tha application. |
| (4) |
On registering the application the Registrar shall, within fifteen days, issue a notice to the opponent requiring him to file his written statement on the day, date and place as specified in the notice. Such notice shall be served by registered post acknowledgment due or if the opponent could not be easily found by publication thereof in atleast one local daily newspaper. The provisions of the Code of Civil Procedure, 1908, shall, mutatis mutandis apply to such public notice. |
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Rule 86C
[Applicable to All Societies] |
| Appearance of parties and consequences of non-appearance |
| (1) |
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 defence. The Registrar may grant adjournment for period not exceeding fifteen days in the first instance to file a written statement. |
| (2) |
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 satisfy himself that all the opponents are duly served he notices and 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 previous non-appearance on the earlier occassions, he shall be heard in the matter as if he had appeared before the Registrar on the first day. |
| (3) |
If, on the date fixed for the hearing, the opponent appears and applicant oes not appear,‐ |
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(i) |
the Registrar may issue a recovery certificate on 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. |
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Rule 106C-14
[Applicable to Housing Societies] |
| Grant of certificate for recovery under section 154B-29 |
| (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. |
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