Civil Case No. 21 of 1998
1. The Plaintiff as Mortgagee, be empowered to sell and transfer the
leasehold property contained and described in Title Number
11/OD61/002 by such means and
in such manner as it shall deem fit.
2. Pending such sale and transfer the Plaintiff, as mortgagee, or any
agent or agents duly authorized by it in writing be empowered
to enter on the said
leasehold property and act in all respects in the place and on behalf of the proprietor of
the
lease.
3. The purchase monies to arise from the sale and transfer of the said
leasehold property and the monies received (if any)
by the Plaintiff pending such sale and
transfer shall be applied: -
(a) Firstly, in payment of the expenses occasioned by the sale and
transfer or going into and remaining in possession (as
the case may be), including the
costs of this application;
(b) Secondly, in payment of the moneys then due and owing to the
Plaintiffs as Mortgagee;
(c) Thirdly, in payment of subsequent registered mortgages or
encumbrances (if any) in order of their priority;
(d) Fourthly, the surplus (if any) shall be paid into this
Honourable
Court pending further order.
4. The Defendant pay the cost of this application, which are fixed at
VT 150, 000.
5. The enforcement of these orders be stayed for a period of three
weeks as from the date thereof.
