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1996 Supreme(Pat) 489

ASOK KUMAR GANGULY
Satya Narain Jhunjhunwala – Appellant
Versus
State of Bihar – Respondent


Advocates Appeared:
For the Petitioner: Mr. Ramesh Kumar Agrawal.
For the State: Mrs. Veena Kumari Jaiswal.
For the Respondent No. 2: M/s Shailesh Kumar Sinha & Kishore Kumar Sinha.

JUDGMENT

A.K. Ganguly, J. - This writ petition has been filed for quashing the entire certificate proceeding being Certificate Case No. 14-SBI/79-80 which was initiated on the requisition made by the respondent No.2, State Bank of India, Main Branch, Motihari, for recovery of the loans of the Bank from the petitioner.

2. The facts of the case are as follows:

In the year 1974 the petitioner obtained medium term loan granted by the State Bank of India, Main Branch, Motihari, pursuant to which a loan of Rs. 65,000/- was advanced to the petitioner for purchase of a Hindustan Bed Ford Mini Bus bearing registration No. BRE 6163. The petitioner's case is that apart from the said loan amount, the petitioner also invested a sum of Rs. 30,000/- from his own pocket.

3. Be that as it may, the petitioner could not refund the said amount which was taken by him from the respondent Bank. The petitioner has alleged various reasons for such non-payment. This Court does not want to go into those questions whether the petitioner is justified in not paying the amount which he obtained from the Bank by way of loan.

4. The case has been argued by the learned counsel for the respective parties only on the ques





















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