Section 36F:
Procedure in respect of application under section 36E.
1[36F. Procedure in respect of application under section 36E.--(1) On receipt of an application
under section 36E, if the recovery officer is of opinion that the borrower is under a liability to an
approved institution under an agreement, or has made default in repayment of the assistance or any
instalment thereof or has otherwise failed to comply with the terms of said agreement, he shall cause a
written notice of demand in such form as may be prescribed to be served on the borrower, calling
upon him to pay the amount specified in the notice within a period of ninety days from the date of
service thereof or to show cause as to why the relief prayed for should not be granted.
(2) The recovery officer may after giving the applicant and the borrower an opportunity of being
heard, pass such interim or final order, including the order for payment of interest from the date on or
before which payment of the amount is found due up to the date of realisation or actual payment, on
the application as it thinks fit to meet the ends of justice.
(3) The recovery officer may also consider and if satisfied, allow any claim of set-off or counterclaim set up by the borrower against the approved institution or person.
(4) The recovery officer shall supply a copy of every order passed by it to the approved institution
and the borrower.
(5) The recovery officer may make an interim order (whether by way of injunction or stay or
attachment) against the borrower to debar him from transferring, alienating or otherwise dealing with
or disposing of, any property which is pledged, mortgaged, hypothecated or assigned to the approved
institution as security for the dues.
(6) The application made to the recovery officer under section 36E shall be dealt with by him as
expeditiously as possible and endeavour shall be made by him to dispose of the application finally
within six months from the date of receipt of the application.]
Notes:
1. Ins. by Act 15 of 2000, s. 20 (w.e.f. 12-6-2000).