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1994 Supreme(Pat) 195

RADHA MOHAN PRASAD
Shaukat Ali – Appellant
Versus
State Of Bihar – Respondent


Judgment

Radha Mohan Prasad, J.

1. The petitioner in this writ application prays for quashing of the whole Certificate Proceeding No.1363/bank of 1979-80 pending in the court of the Commi ssioner, Patna (respondent No.2) as also the notice issued therein as contained in Annexure 1 and the orders, as contained in Annexures 2 to 5 of the writ application.

2. In short, the case of the petitioner is that the State Bank of India, kankarbagh Branch, Patna (hereinafter referred to as the Bank) advanced rs.88,500/- to one Saiyed Muztar Imam, who was initially made respondent no.6, but later with the permission of the Court, his name was deleted on 142.1984, for purchase of Mini Bus No. BHP 8575 under Unemployed graduate Scheme. The petitioner, who happens to be relation of said Saiyed muztar Imam, became guarantor as against the said loan. However, later when the said Imam started to avoid repayment of the loan in question, the petitioner vide letter dated 3.7.1979 informed the Bank to take immediate action against said Imam, as a result of which the Mini bus in question was seized by the respondent Bank with the help of the petitioner. It is stated that the petitioner requested the respond



















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