IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.12470 of 2000 M/S SHYAM TRADING . Versus THE STATE BANK OF INDIA & ANR . with CWJC No.12474 of 2000 M/S SHYAM VASTRALAYA . Versus THE STATE BANK OF INDIA & ANR . ----------- 8 13.11.2009 As the issues involved were similar in fact, both the writ applications were heard and disposed of by a common order dated 6.8.2001 by a Learned Single Judge. In the instant writ applications, the petitioners have prayed for a direction to the Bank to return the document as the entire loan amount has been deposited according to the decision of the Certificate officer, Chapra. The learned single judge in his order noted that the Certificate Officer, Chapra in its order dated 22.7.1999 observed that as the loans have been satisfied, the Bank must return the documents to the petitioner. Learned single judge in his order dated 6.8.2001 noticed that the appeal preferred by the Bank against the order of the certificate officer too was dismissed. The State Bank of Indian filed L.P.A. No. 956/01 against the order of the learned single Judge dated 6.8.2001 passed in C.W.J.C. No. 1240 of 2000 and C.W.J.C. No. 12474 of 2000. The learned Division Bench by order dated 7.9.1001 allowed the L.P.A. to be withdrawn with the liberty to file an application for modification and or review of the order in question. Thereafter the S.B.I. filed the instant review application no. 125 of 2001 and 126 of 2001 for review of the order dated 6.8.2001 passed in C.W.J.C.No. 12470 of 200 and 12474 of 2000 . However, the revisional court namely the court of Commissioner, Saran set aside the order of the appellate court and remitted - 2 - the matter to him for fresh consideration . By order dated 21.5.2001 this Court in review application noticed that the learned Single Judge passed the order in C.W.J.C. No. 12470 of 2000 and C.W.J.C. No. 12474 of 2000 on 6.8.2001 whereas the revisional court of Commissioner, Saran on 21.5.2001 has set aside the appellate court order dismissing the appeal on the ground of delay and remitted the same for fresh consideration on merit. This Court in its order dated 19.1.2009 observed that the order dated 21.5.2001 which has been passed in certificate Revision No. case No. 75 of 2000-2001 and certificate revision case No. 76 of 2000-2001 was not brought to the notice of this Court earlier. It was further observed that the order dated 6.8.2001 passed in the aforesaid writ applications proceeded on a assumption that appellate court order dated 1.9.2000 has become final and binding between the parties which itself is found to be incorrect in view of the order of the revisional authority dated 21.5.2001. As such the order dated 6.8.2001 passed in the writ applications No. 12470 of 2000 and C.W.J.C. No.12474 of 2000 was reviewed and the writ applications as such have been placed for fresh consideration. Counsel for the petitioners submits that it would appear from the order passed in certificate revisional case of Commissioner, Saran at Chapra that he had passed the same without giving notice to the petitioner as such the order passed by the Commissioner, Saran was illegal. Though the petitioner may have some substance in prima facie seems to have in his submission, nonetheless order dated 21.5.2001 of Commissioner became final, as it has not been challenged by petitioner. As such the order of the Certificate Officer would be subject to the decision in appeal. So in view of - 3 - aforesaid facts this court is not inclined to pass any positive order directing the bank to return the documents. However, it will, be open to the petitioners to make a prayer in this regard if appeal filed against the order of the certificate officer is dismissed. With the aforesaid liberty both applications are dismissed. It will be open to the petitioners to pray for expeditious disposal of certificate appeal preferably within four months from the date of receipt/production of a copy of this order. (Samarendra Pratap Singh, J) M.Rahman