RAM AVTAR SINGH Vs. STATE OF BIHAR

JUDGEMENT

(1.) PETITIONER and one another had jointly taken an agricultural loan for purchase of a tractor from the State Bank of India, Daudnagar, District -Aurangabad in the year 1991. They were defaulted. Intermittently some payments are made. Ultimately in 1997 Bank was forced to file the present certificate proceeding being Certificate Case No. 6 of 1997. -98 before the District Certificate Officer, Aurangabad for realisation of its dues. It may be mentioned that the original amount disbursed was Rs. 1,25,000/ -. The certificate proceedings were initiated for Rs. 2,01,556.50 paise. Kailash Bihari Thakur Versus Bihar State Food & Civil Supplies Corporation

(2.) PETITIONER states that he had been making deposit totalling to Rs.1,08.741/ -upto 16th June, 2000 being totally unaware of the certificate proceedings. It is further submitted that the other joint debtor died in the meantime. Now, i! is alleged that all of a sudden body warrant has been executed against the petitioner and he has been taken into custody. He challenges the entire certificate proceedings.

(3.) COUNTER affidavit having been filed, parties have been heard and with their consent this writ petition is being disposed of at the stage of admission itself.