Pre attachment Notice under section 156 of Mcs act 1960
Ramakant patil
(Querist) 16 March 2019
This query is : Resolved
have been served an pre attachment notice of 8 days for a home loan from co-op bank, under section 156 of Maharashtra cooperative society act 1960. I am required to vacate the flat within 8 days?. And whether I will not be served any 60 days as under sarfesi act. What are my rights and further actions step in this matter.
Dr J C Vashista
(Expert) 17 March 2019
Consult your lawyer for proper guidance and proceeding.
P. Venu
(Expert) 17 March 2019
The provisions of Section 156 suggests that there is already an award or decree or Order for making the recovery. Please verify.
Section 156 Registrar's powers to recover certain sums by attachment and sale of property -
(1)The Registrar or any officer subordinate to him and empowered by him in this behalf or an officer of such society as may be notified by the State Government, who is empowered by the Registrar in this behalf may, subject to such rules as may be made by the State Government, but without prejudice, to any other mode of recovery provided by or under this Act, recover -
(a) any amount due under decree or order of a Civil Court, obtained by a society;
(b) any amount due under a decision, award or order of the Registrar, or [Co-operative Court] or Liquidator or Co-operative Appellate Court;
(c) any sum awarded by way of costs under this Act;
(d) any sum ordered to be paid under this Act, as a contribution to the assets of the society ;
[(e) any amount due under a certificate granted by the Registrar, under sub-section (1) or (2) of section 101 or under sub-section (1) of section 137]; together with interest, if any, due on such amount or sum and the costs of process according to the scales of fees laid down by the Registrar, from time to time, by the attachment and sale or by sale without attachment of the property of the person against whom such decree, decision, award or order has been obtained or passed.
(2) The Registrar or the officer empowered by him shall be deemed, when exercising the powers under the foregoing sub-section, or when passing any orders on any application made to him for such recovery, to be a civil court for the purpose of article 136 in the schedule to the Limitation Act, 1963.]
