SHEO PRASAD THAKUR Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS Letters Patent Appeal has been filed for setting aside the order dated 21.9.2012 passed in W.P.(C) No. 1521 of 2006, in and by which the learned Single Judge dismissed the writ petition filed by the appellant praying therein to quash the certificate proceeding in Certificate Case No. 105 of 1996 -97.

(2.) THE case of the appellant is that the father of the appellant filed a loan application before the 3rd respondent for purchasing tractor, trailer, hood and cultivator for agricultural purposes and pursuant thereto Bank has granted loan of Rs. 1,40,000/ - to the appellant's father. The appellant has also signed as guarantor for the said loan.

(3.) ACCORDING to the respondent -Bank, even though the certificate debtor appeared before the Certificate Officer, he had not filed his objection before the Certificate Officer. On the other hand, the certificate debtor has only filed a petition for stay of the certificate proceeding on 31.12.1996, which was rejected by the then Certificate Officer, Sahibganj. The certificate debtor has neither filed any objection petition before the Certificate officer nor has paid the loan amount and, therefore distress warrant has been issued by the Certificate court. In the meantime, the certificate debtor -Gajadhar Thakur died on 14.7.1998 and the Certificate holder has filed a petition for substitution on 18.8.1998 to bring on record the legal heirs of certificate debtor -Gajadhar Thakur, namely Sheo Prasad Thakur - guarantor and Raj Kishore Thakur, whose names were substituted and fresh notice was issued under Section 7 of the Public Demand Recovery Act. On notice, both the legal heirs of the original judgment debtor -Gajadhar Thakur have appeared and filed an objection petition on 11.7.2000. The Certificate Officer passed an order on 12.12.2001 and rejected the objection petition filed by the certificate debtors. It is the further case of respondent -Bank that the Certificate debtors have not deposited the certificate amount to the Bank and at last Certificate Officer has issued bailable warrant of arrest against the appellant on 21.11.2005 and the appellant being one of the Certificate debtors was arrested and produced before the Certificate Officer, Sahebganj on 18.12.2005. According to the respondent -Bank the appellant had given undertaking before the Certificate Officer that he will deposit the balance amount and on such undertaking the Certificate Officer has granted one month's time to the appellant and released him on personal bond and temporarily distress warrant has been withdrawn but subsequently the appellant had not deposited the said amount. On the other hand, he moved the High Court by filing writ petition being W.P. (C) No. 1521 of 2006.