A BIMLA SINGHA Vs. UNITED BANK OF INDIA

JUDGEMENT

(1.) This is an application under Article 226/227 of the Constitution of India against the order dated 28.4.2000 passed by the Assam Board of Revenue, Guwahati in Case No. 2 BA(C)/98.

(2.) The facts, in brief, leading to the present petition, are that respondent United Bank of India, Sonai Branch at Sonai granted a bank loan of Rs. 20,000/- to the present petitioner Smti. A. Bimala Singha under the Self-employment for Educated Unemployed Scheme, 1988-89. For alleged non-payment of the said loan, the bank applied for and obtained a certificate under Bengal Public Demands Recovery Act, for short, the Act. The petitioner filed a written objection stating interalia that the claim is barred by limitation and the amount is not recoverable under the Act in the absence of any written agreement in between the parties. The Certificate Officer, Cachar, Silchar vide order dated 8.11.96 passed in Certificate Case No. 1543/95-96 dismissed the case by observing as follows: "C.D.'s engaged Lawyer present. C.H. absent without any step. Heard the advocate of the C.D. Also seen the order dared 25.10.96. I perused the C.R. and it appears that case is filed beyond the prescribed period of limitation and hence case, is barred by limitations. Moreover there is no written agreement between the parties stating the amount is recoverable under BPDR Act. In view of the direction of Hon'ble Gauhati High Court reported in G.L.R. 1988 Vol.II Page-424. Further it appears that the C.H. is not interested in contesting the case. In view of the above discussion and order dt. 25.10.96. The case is dismissed. Inform all concerned."

(3.) Feeling aggrieved the respondent United Bank of India filed a revision before the Assam Board of Revenue and vide impugned order dated 28.4.2000 the earlier order passed by the Addl. Deputy Commissioner/Certificate Officer, Silchar was set aside. Hence the present petition.