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1981 Supreme(Pat) 133

M.P.VARMA, B.P.SINHA
Kanhaiyalal Dabriwala – Appellant
Versus
State Of Bihar – Respondent


Judgment

1. This is an application under Articles 226 and 227 of the Constitution for issuance of a writ of certiorari quashing a certificate proceeding including the requisitions as contained in annexs. 1, 2, 3, 5 and 6 and also for quashing the order contained in annex. 8. The short facts leading to this applicacation are as follows:

2. Under an agreement dated November 24, 1970, the petitioner took a loan of Rs. 40,000 from the United Commercial Bank, Jogbani Branch, for the purpose of setting up an industry. The mill could not be properly and profitably run, but the petitioner made certain payments towards the loan between September 11, 1970, and July 21, 1971. He received legal notice dated April 15, 1975, for repayment of the entire dues from the bank. It appears that the bank sent a requisition under the Bihar and Orissa Public Demands Recovery Act, 1974 (hereinafter referred to as "the Act"), on December 17, 1975, on the basis of which a Certificate Case No. 184/U. BaDk/75-76 was registered. This requisition was sent to the Certificate Officer, Purnea. As the jurisdiction over the case was that of the Certificate Officer, Araria, the requisition was transferred to Araria Cou







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