A. P. SUBBA, J. :- By filing this Writ Petition, the Petitioner Shri Nima Ongdi Lepcha, a loanee of the State Bank of Sikkim (Respondent No. 2), has prayed for quashing the impugned Certificate of Public Demand dated 13-9-2004 issued by the Certificate Officer, East District for recovery of O.D. loan of Rs. 5,62,365.17 from him.

2. Before proceeding with the narration of the respective cases of the parties, it is convenient to bear in mind, that the law relating to recovery of public demands in erstwhile Sikkim was not comprehensive. The relevant law as contained in Notification No. 405 of 1950 was sketchy and inadequate. It mainly lacked provision for giving due opportunity to the debtor for making representations against the realisations of public demands. Hence, with a view to make a comprehensive law with detailed provisions on the subject, the State Legislature enacted a law called the Sikkim Public Demands Recovery Act, 1988 (hereinafter referred to as Act 1 of 1988). This Act received the assent of the Governor on 27-2-1988 and came into force in the State.

In the meantime, a Central Act called the Recovery of Debts Due to Banks and Financial Institutions Act, 1993 (h