Back
G. ANUPAMA CHAKRAVARTHY
Abinash Kumar – Appellant
Versus
State of Bihar – Respondent
G. Anupama Chakravarthy, J.—The petitioner has filed the instant application for the following reliefs:—
“(i) That the present writ application is being filed for issuance of an appropriate writ order/ direction(s)in the nature of Certiorari for quashing the certificate case no-215 2014-2015 which has been initiated against the petitioner on the basis certificate which forms part of section -7 notice is not present under the Public Demand Recovery Act, 1914(herein after referred as "P.D.R.Act, 1914" for the sake of brevity) as there is no form-1 of the schedule which has been given to the petitioner by the certificate Officer, Paliganj and also there is no proper notice under Section-7 of the P.D.R.Act, 1914, no proper requisition filed by the certificate creditor which is statuary while issuing the notice to the petitioner which is evident from Annexure-6 series to this writ application thus amount to defective notice and defective initiation of the certificate case;
II. For issuance of an appropriate writ order/ direction(s)in the nature of Certiorari for setting aside the certificate notice bearing certificate case no-215 of 2014 as the same is issued by the respondent no-4 under
Issuance of recovery notice without resolving prior objections violates procedural fairness as per the Bihar & Orissa Public Demand Recovery Act.
An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers
Please visit our Training & Support
Center or Contact Us for assistance
Scan Me!
India’s Legal research and Law Firm App, Download now!
For Daily Legal Updates, Join us on :
Back to top
