Bihar Cooperative Societies Rules, 1959 - Cooperative Department ...

FORM No. XVI
[Rule 68 (13)]
Before the Registrar/ Assistant Registrar of Cooperative Societies.
………………………….
Applicant
Versus
Opposite party
This petition on behalf of the applicant resectfully sheweth –
1. That a dispute regarding the recovery of dues of the society from the
opposite party exists in as much as the opposite party has inspite of the expiry of
the due day of payment and demands made by the society, refused to repay the
dues.
2. That the amount claimed in this petition isdue from the opposite party
on the basis of a mortgage bond, the details of which are the following –
(a) Date of mortgage bond.
(b) Name of the mortgagor and mortgagee.
(c) Sum secured.
(d) Rate of interest;
(e) Property mortgaged as described in Schedule;
(f) Amount due as described in Schedule II;
(8) name of witness who attested.
3. That according to the terms of the mortgage bond Rs………….by
way of principal and Rs …………….by way of interest upto ……………have fallen
due as per account given in Schedule II.
4. It is, therefore, prayed that an award for the amount claimed be
made against the opposite party and the said opposite party be directed to pay the
same within there months of the award and it be further directed that in case of
default the amount shall be realized by sale of the mortgaged property or portion
therof.
5. In case the proceeds of the sale are found to be insufficient to pay
the amount due from the applicant, the liberty be reserved to the applicant to apply
for a personal decree against the opposite party.
SCHEDULEI
Description of mortgaged properties
SCHEDULE II
Details of claim
Signed3