AZMAD Vs. STATE OF BIHAR

JUDGEMENT

(1.) THE present writ application has been filed by the petitioner against Certificate Case No. 32 of 2001 -2002 as pending before the Certificate Officer, Begusarai on basis of requisition made by the State Bank of India for recovery of the balance outstanding as against the petitioner.

(2.) THIS is one of those exceptional cases in which, in the peculiar facts of this case, this Court is inclined to interfere but it shall not be treated as a precedent.

(3.) IT appears, as is the practice of the Bank, the amounts paid were first adjusted towards outstanding interest and then towards principal outstanding. Ultimately, Bank has filed a statement alongwith its affidavit dated 23.8.2006 wherein it has stated that after adjusting the aforesaid payments of Rs. 1,35,000/ -, there still remains an outstanding amount of Rs. 50,017/ - towards principal and interest of Rs. 99,720/ - accrued since institution of the certificate proceedings. The learned Senior Counsel for the Bank submitted that if the petitioner pays the balance principal outstanding ol Rs. 50,017/ -, the Bank would close his account.