IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.8719 of 2007 MOHAN JHA, son of late Yageshwar Jha, resident of village – Tardiha, P S – Madhepur, District – Madhubani. Versus 1. THE STATE OF BIHAR through the Chief Secretary, Government of Bihar, Patna. 2. The Branch Manager, State Bank of India, ADB, Madhubani. 3. The Certificate Officer, Jhanjharpur, Dist. Madhubani. ----------- Counsel for the petitioner : Mr. Binodanand Mishra. Counsel for the S B I : Mrs. Namrata Mishra. Counsel for the State : Dr. Ajeet Kumar, AC to SC I ------ 02. 19.02.2010 A certificate proceeding No. 606 of 1993-94 is going on against the petitioner. The certificate proceeding is for recovery of loan amount which was sanctioned by the respondent State Bank of India. Earlier a body warrant was issued against him which compelled him to deposit a sum of Rs.40,000/- with the Certificate Officer and obtain his release from jail. Thereafter again a second warrant has been issued against him which has compelled him to come before the High Court in the present writ application. One submission made at the bar against such an action is that the petitioner has filed an objection petition under section 9 of the Public Demand Recovery Act. The said petition has not been decided but coercive steps have been taken against him by the Certificate Officer, which is not permissible under the law. From the counter affidavit which has been filed on behalf of the respondents it is not denied 2 that an objection petition of the petitioner was filed in the year 1994 but thereafter at no point of time he has co- operated and pressed that objection petition and argued the points urged therein. Except for taking adjournments nothing much has been done. It is this innovation of the petitioner which has compelled the Certificate Officer to adopt hands-off measures for his cooperation in the matter. No doubt an objection under section 9 is required to be decided but the conduct of the petitioner having been such that no option was left with the Certificate Officer but to proceed in the matter in the manner which he decided. Bereft of what happened in the past, the Court directs the petitioner to appear before the Certificate Officer within four weeks from today, file his haziri and press his objection petition under section 9 on that date or any date which may be fixed by the Certificate Officer in this regard. The petitioner will assist the Certificate Officer on all the questions raised in his objection petition on the date fixed and no adjournment on his ground shall be granted in this regard. The adjudication made by the Certificate Officer will decide the future course of action for the liability of the petitioner. 3 The writ application stands disposed of with the above direction. rkp ( Ajay Kumar Tripathi, J )