MICHAEL DIENGDOH Vs. STATE OF MEGHALAYA

JUDGEMENT

(1.) The brief facts of the case is that the petitioner had availed a loan amounting to Rs. 40,000/- (Rupees forty thousand) only from the Respondent Bank. The Respondent Bank in the year 2003 initiated recovery proceedings by filing a certificate of Rs. 6,24,999/- which was later recalculated at Rs. 3,92,841/- before the Bakijai Officer, East Khasi Hills District, Shillong for recovery of outstanding loan amount under the Bengal Public Demand Recovery Act, 2013 (As adapted by the State of Meghalaya). Thereafter, the said proceedings were put to challenge on the point of jurisdiction and the Bakijai Officer after hearing the parties dismissed the same on the ground of lack of jurisdiction.

(2.) The Respondent Bank thereafter preferred an appeal before the District Collector against the order of the Bakijai Officer. The District Collector after hearing the appeal, by order dated 22.08.2017, allowed the same by holding that the outstanding loan amount is a public demand recoverable under the provisions of the Bengal Public Demand Recovery Act, 1913. Being aggrieved thereby, the learned counsel for the petitioner by this Court assailing the order dated 22.08.2017 mainly on the ground of jurisdiction.

(3.) Heard learned counsels for the parties.