Navaniti Prasad Singh, J.

1. Petitioner has taken cash credit facility from the State Bank of India who was to run a shop. As per policy of the State Bank of India the goods in the shop had to be hypothecated and was insured by the bank. Soon after getting the cash credit facility there was a theft in the shop. When in spite of the obligation on the part of the State Bank of India to pursue the insurers claim, nothing was done the petitioner moved the District Consumer Forum, Patna for settlement of its insurance claim. In those proceedings the respondent State Bank of India was also a party. In those proceedings order was passed granting compensation along with interest and the entire amount awarded was paid by the insurance company directly to the State Bank of India for the credit of the petitioner along with interest. It appears on petitioners account still there was some dues with the State Bank of India. The State Bank accordingly filed a certificate proceedings being certificate case No. 12 of 1996 for recovery of balance due from the petitioner. Petitioner contested the proceedings and after hearing both the parties the certificate case No. 12 of 1996 was dismissed