Award to be registered; how executed.

§26

Summary

(1) Every award made under this Act if it is in respect of debts charged on the properties of the debtor shall, on payment of the court-fee payable under section 33, be registered in the manner provided in Chapter III. (2) The court-fee on the award shall be paid by the party ordered by the Court to bear the costs : Provided that, any creditor who is not ordered to bear the costs may pay such court-fee. Such creditor shall be entitled to recover the amount of court-fee paid by him from the debtor with the first instalment payable to him under the award : Provided further that, no court-fee shall be payable by a co-operative society. (3) The award shall be executed as follows :- (i) If the debtor makes default in the payment of any instalment due under the award to any creditor, such creditor may apply in the prescribed form to the Court for execution of the award. (ii) If the Court, on receipt of such application, is satisfied that the debtor has made default in the payment of the instalment, the Court shall transfer the award for execution to the Collector; and thereupon, the Collector shall recover the amount of the instalment from the debtor as arrears of land revenue : Provided that, nothing in clauses (i) and (ii) shall affect the right of Government or a local authority or co-operative society to have recourse to any mode of recovery allowable by any law for the time being in force. (iii) If the Court has passed an order for the delivery of possession of any property under clause (v) of sub-section (2) of section 23, such order shall, on the application, be executed by the Court as if it were a decree passed by it.

(1) Every award made under this Act if it is in respect of debts charged on the properties of the debtor shall, on payment of the court-fee payable under section 33, be registered in the manner provided in Chapter III. (2) The court-fee on the award shall be paid by the party ordered by the Court to bear the costs : Provided that, any creditor who is not ordered to bear the costs may pay such court-fee. Such creditor shall be entitled to recover the amount of court-fee paid by him from the debtor with the first instalment payable to him under the award : Provided further that, no court-fee shall be payable by a co-operative society. (3) The award shall be executed as follows :- (i) If the debtor makes default in the payment of any instalment due under the award to any creditor, such creditor may apply in the prescribed form to the Court for execution of the award. (ii) If the Court, on receipt of such application, is satisfied that the debtor has made default in the payment of the instalment, the Court shall transfer the award for execution to the Collector; and thereupon, the Collector shall recover the amount of the instalment from the debtor as arrears of land revenue : Provided that, nothing in clauses (i) and (ii) shall affect the right of Government or a local authority or co-operative society to have recourse to any mode of recovery allowable by any law for the time being in force. (iii) If the Court has passed an order for the delivery of possession of any property under clause (v) of sub-section (2) of section 23, such order shall, on the application, be executed by the Court as if it were a decree passed by it.

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