Section 36E:
Application to the recovery officer.
1[36E. Application to the recovery officer.--(1) Where any borrower, who is under a liability to
an approved institution under an agreement, makes any default in repayment of any assistance or any
instalment thereof or otherwise fails to comply with the terms of said agreement, then, without
prejudice to the provisions of section 69 of the Transfer of Property Act, 1882 (4 of 1882), the
approved institution may apply, to the recovery officer within the limits of whose jurisdiction the
borrower actually and voluntarily resides, or carries on business, or personally works for gain, or the
cause of action wholly or in part arises, for the sale of the property pledged, mortgaged, hypothecated
or assigned to the approved institution as security for the dues.
(2) Where an approved institution, which has to recover its dues from any borrower, has filed an
application to the recovery officer under sub-section (1) and the same property is also pledged,
mortgaged, hypothecated or assigned to another approved institution or person, the other approved
institution or person may join the approved institution at any stage of the proceedings, before the final
order is passed, by making an application to that recovery officer.
(3) In the application under sub-section (1) or sub-section (2), the nature and extent of the liability
of the borrower to the approved institution or person, the grounds on which it is made shall be stated
and it be in such form and be accompanied by such documents or other evidence as may be
prescribed.]
Notes:
1. Ins. by Act 15 of 2000, s. 20 (w.e.f. 12-6-2000).