BIMAL WIRE NAIL INDUSTRIES Vs. STATE OF JHARKHAND

JUDGEMENT

(1.) THIS writ application has been filed for quashing of the order dated 27-12-2007 passed by the Deputy Commissioner, koderma, respondent No. 2, in Certificate appeal No. 1 of 2007 as contained in Annexure 4 whereby and whereunder the order dated 3-1-2001 passed by the Certificate Officer, koderma, respondent No. 3 in Certificate case No. 56 of 1990-91 dismissing the certificate case itself was set aside. Further prayer is to quash the notice issued under section 7 of the Public Demand Recovery act calling upon the petitioner to show cause as to why not a sum of Rs. 1,31,707. 60, which is due to be paid to the State Bank of India, be realized.

(2.) IT is the case of the petitioner that the branch Manager of the State Bank of India, jhumri Tilaiya Branch submitted a requisition to the Certificate Officer, Koderma for recovery of a sum of Rs. 1,31,707. 60 under the Public Demand Recovery Act (hereinafter referred to as 'the Act'), Upon which Certificate case No. 56 of 1990-91 was instituted. Thereupon a notice dated 15-10-1990 in terms of Section 7 of the said Act was issued by the respondent No. 3 along with Form-I showing demand of Rs. 1,36,358. 60 but said form-I never bore the signature of the Certificate officer. On getting the said notice, the petitioner filed an objection under Section 9 of the said Act but the Certificate Officer, respondent No. 3 did hold, vide order dated 22-12-1993, that the petitioner is defaulter and hence, directed the petitioner to deposit the said amount immediately.

(3.) BEING aggrieved with that order, the petitioner filed a review petition under section 63 of the said Act on the ground that the proceeding is barred by limitation and is also bad on account of non-observance of the mandatory provision of law.