LAWS(PAT)-2006-11-78

SHREE RAM SWERA CENTRE Vs. STATE OF BIHAR

Decided On November 03, 2006
RAM SWARA CENTRE Appellant
V/S
STATE OF BIHAR Respondents

JUDGEMENT

(1.) Heard the parties.

(2.) Initially this writ application was directed challenging the action of respondent- State Bank of India Agriculture Development Branch, Saran, in initiating certificate proceeding for recovery of its dues as against the petitioner. One of the grounds for challenge the certificate proceeding was that the stocks of the petitioner were insured by the State Bank of India through New India Insurance Company. Chapra. Petitioner's stocks were damaged entitling him to raise the claim. He had raised the said claim but the same was rejected by the insurance company aforesaid in respect thereof. He had moved the District Consumer Forum and failed to get relief therefrom and thereafter the petitioner moved the State Commission for redressal of its grievance where also he failed to get the relief. He wanted the said amount which he was entitled to get from the Insurance Company to be set out against his liability as being sought to be enforced to the certificate proceeding.

(3.) By order of this Court the New India Insurance Company was made a party and notices were accepted by them and Mr. Ashok Priyadarshi learned counsel appeared on behalf of them.