Code of Organization and Civil Procedure (Cap. 12)
Code of Organization and Civil Procedure (Cap. 12), article 340
340. (1) If the set-off be not approved, the provisions of article
329(2) and (3) shall apply:
Provided that whosoever makes made a bid animo
compensandi under the condition specified in article 334 shall,
within seven days from the date on which he is served with the
court order rejecting his application for the set-off, pay the price in
the registry of the court in whi ch case the provisions of this article
shall not apply. In the event th at such party fails to pay the price
within such time limit, article 329 shall apply:
Provided further that in the event that the property adjudicate d is
transferred and delive red to the purchaser i n terms of article 331(3)
the provisions of this article shall not apply and the provisio ns of
article 338(6) shall apply to the security ordered to be provid ed by
the court.
(2) If the set-off be approved unconditionally, the purchaser
shall be entitled to the formal transfer and delivery of the mo vable
property adjudicated or, in the ev ent that the property had alr eady
been delivered under article 331( 3), the purchaser shall be ent itled
to the release of any s ecurity made by him.
CODE OF ORGANIZATION AND CIVIL PROCEDURE [CAP. 12. 109
Execution creditor,
etc., may demand
fresh executions in
case of deficiency
of proceeds.
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