Legal Question in Banking Law in India
Recovery of Loan
Registrar of a co-operative society passed order u/s 101 of Maharasharta Co Op Societies Act. 1960 against three persons
( one is the borrower and other 2 are guaranters)
all of them are staying in another state U.P.
We want to attach their property at UP as per order.
plz let us know the procedure for the same.
5 Answers from Attorneys
Re: Recovery of Loan
your question relates to local laws of Maharashtra in which i have never dealt, however if we take the analogy from local laws of delhi, the registrar shall issue a recovery certificate against the borrower and guarantors. The said certificate then be sent to the collector of the district where the borrower and guarantors are putting up and the collector thereafter can recover the amount from them in the manner arrears of land revenue are recovered.
Re: Recovery of Loan
the order of attachment - get an order in the local court and then for legal attachement - the civil court (UP) will be moved for execution of the order of the court - attachment. - thru court it is possible
Re: Recovery of Loan
I do not know specificially about maharashtra law, but normally when attachment is to done of the property falling outside the jurisdiction of the authority making such attachment, then such an attachment order is send to the civil court having jurisdiction over such property, and the civil court executes that attachment order as if the attachment order was made by itself.
Re: Recovery of Loan
take execution orders in the name of the district jude of the area and get the execution done there with the help of their staff.
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Re: Recovery of Loan
Dear ABC
Once you receive an attachment decree from competent court in respect of the assets located beyond the jurisdiction of the Court passing decree, the attachment proceeding are required to be transferred to the state/district where the property are situated by filing a transfer petition.
On getting the proceeding transferred, the same is required to be filed before the competent court in whose jurisdiction the property is situated and accordingle attachment may be carried.
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