LAXMI KHADI BHANDAR Vs. AGRICULTURAL DEVELOPMENT BRANCH

JUDGEMENT

(1.) The plaintiff is the appellant.

(2.) It is aggrieved by an order refusing to grant injunction in a suit filed by it for granting a decree for cancelling proceedings in Certificate Case No. 48 of 1980-81 of the Court of Certificate Officer, Begusarai and for issuance of an injunction restraining the defendant No. 1, State Bank Agricultural Development Branch, Dalsinghsarai from proceeding further with the said proceeding and also for restraining the defendant No. 2, Certificate officer, Begusarai, from executing or issuing any process relating to the said certificate.

(3.) The suit in question was filed alleging that the plaintiff is a proprietor firm; that there was an agreement dated 21-10-1978 between its proprietor Sudhir Rai and the Defendant No. 1, the latter agreeing accommodation by way of cash credit from time to time, which is still in custody of the Bank; that even though the advance made from time to time by the defendant Bank to the tune of, Rs. 2,13,784.29 paise have already been endorsed and recorded in the accounts and Balance sheet maintained by the Bank and nothing was due from the plaintiff still the Bank made an entirely baseless and incorrect claim, taking into account such cheques which were not signed by the sole proprietor of the firm and got the certificate proceeding started; that all such cheques were forged; that on the contrary, a sum of Rs. 25,358.80 paise is due from the Bank itself; that no notice u/ S. 7 of the Bihar and Orissa Public Demand Recovery Act was ever issued or served upon it; that the entire certificate proceeding is vitiated and not legally maintainable; that an objection petition was also filed by it u/S.9 of the Act denying the liability which has not been heard by the certificate officer, who, on the contrary on 21-5-1984, issued orders for attachment and hence the suit.