PUSHPA BHARADWAJA Vs. STATE OF BIHAR

JUDGEMENT

(1.) The petitioner in this application seeks quashing of the proceedings in Certificate Case No. 7/86-87 pending in the court of Certificate Officer, Bhojpur. The aforementioned certificate case was filed at the instance of the Central Bank of India for the recovery of a sum of Rs. 62,581.11 which, according to the bank, accrued by way of interest on the cash credit facility given to the petitioner by the bank.

(2.) The petitioner is a war widow ; her husband, Col. Kapil Bharadwaja, was admittedly killed in action. The widowed wife was given certain loans by the bank under a scheme of financial assistance for rehabilitating disabled members of the defence services/border security forces and widows/dependents of those killed in action (copy of the scheme is at annexure 1). Under this scheme financial assistance was to be provided for establishing supply outlet for cooking gas, etc. The scheme, under the marginal heading "Nature of advance" provided as follows :

(3.) Then under the marginal heading "Rate of interest" it was stated as follows : "No interest will be charged on the advances made under this scheme. This will be free of interest."