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Patna High CourtCWJC/7959/2017disposed

Prashant Kumar Singh v. The Managing Director, Bank Of India And ORS

2025-04-25Justice Smt. G. Anupama Chakravarthy2 pages

IN THE HIGH COURT OF JUDICATURE AT PATNA

Civil Writ Jurisdiction Case No.7959 of 2017 ====================================================== Prashant Kumar Singh Son of Prabhunath Singh, Resident of VillageDhatigna, P.S.- Thawe, District- Gopalganj. ... ... Petitioner/s

Versus

1.

The Managing Director, Bank Of India, C-5, G-Block, Bandra, Kurla Complex, Mumbai 2.

The Branch Manager, Bank of India, Gopalganj Branch, District- Gopalganj. 3.

District Certificate Officer, Bank of India, Gopalganj. ... ... Respondent/s ====================================================== Appearance :

For the Petitioner/s :

Mr.Wasi Ahmad Khan, Advocate :

Mr. Dhananjay Kumar Tiwari, Advocate For the Respondent/s :

Mr.Nishi Nath Ojha, Advocate ====================================================== CORAM: HONOURABLE JUSTICE SMT. G. ANUPAMA CHAKRAVARTHY ORAL ORDER 25-04-2025

1. The Writ petition is filed to quash the certificate proceeding bearing Certificate Case No. 212/2015-16 initiated against the petitioner under Section 4 of Bihar & Orissa Public Demand Recovery Act, 1914.

2. The brief facts of the case are that the petitioner has availed a housing lone of Rs. 3,00,000/- in the year 2009, and had paid part of the loan amount, but could not repay the entire loan amount.

3. The Learned counsel for the petitioner submits that the petitioner was facing personal difficulties due to the ill health of his mother and as

Patna High Court CWJC No.7959 of 2017(2) dt.25-04-2025 2/2 such he could not re-pay the remaining amount.

4. In the meantime, a notice was issued initiating certificate proceedings, which is being challenged before this Court.

5. Admittedly, the petitioner has an appropriate remedy to file an objection before the Certificate Officer. In the present case, no such objection has been filed. Therefore, the petitioner is directed to file an objection within a month from the date of receipt of this Order, and in turn, the appropriate authority shall consider the application and shall pass appropriate orders within two months from the date of filing of such objections. Till then, no coercive steps shall be taken against the petitioner.

6. With the aforesaid observation, the Writ petition is disposed off.

7. Interlocutory Application(s), if any, shall also disposed of.

(G. Anupama Chakravarthy, J) amitkr/- U