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It has been noticed in some cases that pending disposal
of the suit and before the decree can be obtained
by the Board for recovery against consumers, the defendant
consumers are disposing of by sale or othemise their
property such as mills, mines etc. for which supply
was given by the Board and against whichrecovery proceedings
are pending in the Court. In such cases the executionof
the decree is either delayed ordefeated because of
want of sufficient assets against which decree can
be executed.
It
is therefore incumbent upon
the officers concerned who
have initiated legal proceedings to keep themselves
informed and be vigilant of such tactics by the defendants,
and in order to so do,to observe the following:
| (1) |
Before
the suit is filed, to ascertain about the solvency
and the sufficiency of the assets of the defendant
consumer.
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| (2) |
After
the proceedings have been initiated to make
sure and take necessary steps in consultation
with the pleader who is
handling the case,
that no assets are being or are likely to be
disposed of by the dependent during the pendency
of the suit or the
execution of the decree, and wherever necessary
or it is apprehended that the defendant will
follow such tactics, to obtain court
orders for attachment before judgement.
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| (3) |
To
see that the execution proceedings are immediately
taken for satisfying the decree. All steps must
be taken to see that the decree
obtained is vigorously followed up by proper
execution proceedings.
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