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2001 Supreme(Pat) 801

RADHA MOHAN PRASAD
Birendra Kumar Das – Appellant
Versus
State Of Bihar – Respondent


Judgment

Radha Mohan Prasad, J.

1. In this writ petition, petitioner is aggrieved with the order dated 2.6.1997/3.6.1997 passed by the Certificate Officer, Katihar (Respondent no. 2) in Certificate Case No. 595/94-95, contained in Annexure-3, whereby and whereunder the petitioner has been directed to repay 50% of the total amount, of loan with interest thereon at the rate of 12% from the date of filing of the certificate case.

2. The case of the petitioner, in brief, is that the petitioner and his co-villager Ratan Deo Mehta entered into a contract on 1.3.1993 for running a brick kiln in the name and. style of M/s Koshi Bricks. The aforesaid partnership firm was granted a loan of Rs. 4,62,000/- by Katihar District Central Co-operative Bank Ltd. (Respondent no. 4) showing Rs. 2,20,000/- as term loan and Rs. 2,42,000/- as working capital. Petitioners case is that at the relevant time i.e. in the year 1993 as he was a regular student of Intermediate, the account of the firm M/s Koshi Bricks was practically operated by Ratan Deo Mehta, who was, in fact, working partner of the petitioner. A requisition vide Annexure-1 was submitted before the Certificate Officer Katihar by the Respondent







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