State Act

53

Section 53. Duties of Court executing decree as to property taken in execution.

THE INSOLVENCY ACT, 1955

Act no. 2 of 19561956In forceKerala (State Act)

53. Duties of Court executing decree as to property taken in execution.—Where execution of a decree has issued against any property of a debtor which is saleable in execution and before the sale thereof notice is given to the Court executing the decree that an insolvency petition by or against the debtor has been admitted, the Court shall, on application, direct the property, if in the possession of the Court to be delivered to the receiver, but the costs of the suit in which the decree was made and of the execution shall be a first charge on the property so delivered, and the receiver may sell the property or an adequate part thereof for the purpose of satisfying the charge.