LAWS(PAT)-2002-5-92

DHIRENDRA PRASAD SINGH Vs. BRANCH MANAGER AGRICULTURAL DEVELOPMENT

Decided On May 24, 2002
DHIRENDRA PRASAD SINGH Appellant
V/S
Branch Manager Agricultural Development Respondents

JUDGEMENT

(1.) THE petitioners filed a writ petition against the certificate action which itself was based upon an aspect that they had taken a loan from the State Bank of India, Muzaffarpur to purchase a tractor. The loan was taken in 1994 for an amount of Rs. 1,18,967.50. The petitioners did not discharge the loan but only paid a meagre amount. They also attempted to resist the payment of loan by going to Consumers Forum and an appeal no. 354 of 1998 is pending before the State Consumer Disputes Redressal Commission.

(2.) THE situation is of the petitioners making. Loans taken from the banks are to be discharged and not sat upon. If the petitioners will not repay the loan to the bank, as these are public monies, certificate action is the logical consequence for the recovery of the loans. The petitioners are defaulters. In the circumstances, the learned Judge has committed no error in dismissing the petition.

(3.) THIS Letters Patent Appeal is dismissed.