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Seoula Vas (none)     22 April 2018

Limitation for enforcement of execution order

I wish to know what is the procedure for enforcing an execution order passed 15 years ago by the Registrar under Mah Coop. Hsg. Soc. Act, 1960. Since it is not for Execution of Order, does the 12 year period as per Art. 136 of the Limitation Act not apply?

"Asst. Registrar under Section 101 of the Act had passed recovery order of society dues against opponent in the year 2002. Decree was drawn accordingly and had attained finality. Applicant then took out Appln. for Execution of Decree and obtained Attachment Notice by Special Recovery Officer under Section 156 of the Act in the year 2003. Thereafter, no steps have been taken to attach property. Consequently, no auction or recovery took place and opponent is still in possession of their movable and immovable properties. Now matter has to be reopened. What is the best way forwrad?

- Ms. Vas



Learning

 2 Replies

Kumar Doab (FIN)     22 April 2018

NO action on order of tribunal/court may not end the bar by limitation….!

You are on which side!

What is the opinion of your own very able LOCAL  senior counsel of unshakable repute and integrity specializing in such/society/civil matters and well versed with LOCAL applicable rules/laws and having successful track record….and worth his/her salt …


 

Seoula Vas (none)     23 April 2018

Thank you for taking the time out to reply.

I am fot the Disputant/ Applicant. The Member who had initiated and taken the matter to conclusion 15 years ago has since expired. I have not contacted any senior lawyer in the matter but did take opinion of a lawyer proficient in society matters. She opined that fresh Appln. u/s.101 MCS Act, 1960 may be preferred. However, she was not available for further detailed consultation.

Therefore, I have come to this forum for guidance. Any assistance would be appreciable.


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