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2008 Supreme(Jhk) 1080

RAKESH RANJAN PRASAD
Dharam Chand Goyal – Appellant
Versus
Bihar State Financial Corporation – Respondent


Advocates Appeared:
For Appellant/Petitioner/Plaintiff: A.K. Das, Adv.
For Respondents/Defendant: M.S. Mittal, Adv.

JUDGMENT

R.R. Prasad, J.

1. This writ application has been filed for issuance of a writ in the nature of certiorari for quashing the order as contained in Reference No. 386 dated 12.6.2006 (Annexure 10) whereby specified authority in exercise of power conferred under Section 32(G) of the Bihar State Financial Corporations Act issued a certificate for recovery of a sum of Rs. 2,36,78,313.94 along with pendente lite and future interest and made request from the Deputy Commissioner-cum-Certificate Officer to realize the said amount from all promoters of M/s. Chinar Foods Pvt. Ltd. Ranchi including the petitioner as arrears of land revenue and further to quash the entire certificate proceeding, bearing certificate case No. 03 (BSFC)/06-07, pending before the District Certificate Officer, Ranchi so far this petitioner is concerned.

2. The case of the petitioner is that M/s. Chinar Foods Pvt. Ltd. having its office at Ranchi to which petitioner was one of the Directors was sanctioned a term loan of Rs. 34,50,000/- on 26.6.1987 by the Corporation on mortgaging the title deeds with respect to immovable properties of the Company and on giving personal guarantee by the petitioner in the capacit














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