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1983 Supreme(Pat) 125

KRISHNA BALLABH SINHA, P.S.SAHAY
Ishwar Das Murlidhar – Appellant
Versus
State Of Bihar – Respondent


Judgment

PREM SHANKER SAHAY, J.

1. This writ application relates to a case under the Bihar Debt Relief Act, 1976 (hereinafter referred to as the Relief Act). The petitioners have prayed for quashing the letter of the Collector sent to the Anchal Adhikari, as contained in Annexure-4, and the order of the Anchal Adhikari, as contained in Annexures 5 and 5A, giving certain directions under the Relief Act.

2. In order to appreciate the points raised it will be necessary to state some facts. The petitioners are Firm and they carry on trade in cloth, silver etc. and they are also registered under the Money Lenders Act. The petitioners Firm used to advance money to various persons who pledge their silver ornaments and a loan to the value of 80% of the pledged goods was advanced to them. The Firm granted them receipts in printed forms and maintained counterfoil and the person receiving such loan had to put signature or thumb impression on the forms. According to the terms of the agreement mentioned therein if the person taking loan fails to pay the entire amount within the period prescribed, which was usually for one year, the petitioners were entitled to forfeit the pledged goods: a copy o














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