The Public Demands Recovery Act, 1913 (Bengal Act)
Section 26Disposal of proceeds of execution
Part III EXECUTION OF CERTIFICATE
Disposal of proceeds of execution.
s. 26
26. Disposal of proceeds of execution (1) Whenever assets are realized, by sale or otherwise in execution of a certificate, they shall be disposed of in the following manner:- (a) there shall first be paid to the certificate-holder the costs incurred by him; (b) there shall, in the next place, be paid to the certificate-holder the amount due to him under the certificate in execution of which the assets were realized; (c) if there remains a balance after these sums have been paid, there shall be paid to the certificate-holder therefrom any other amount recoverable under the procedure provided by this Act which the assets were realized; and (d) the balance (if any) remaining after the payment of the amount (if any) referred to in clause (c) shall be paid to the certificate-debtor. (2) If the certificate-debtor disputes any claim made by the certificate-holder to receive any amount referred to in clause (c), the Certificate-officer shall determine the dispute.
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