IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.6248 of 2009 DR.KUNDAN KUMAR SINGH, son of Yogendra Kumar Singh, resident of Mohalla – Maranpur, P.S. Civil Lines, Town & District - Gaya. Versus 1. THE STATE OF BIHAR. 2. The District Certificate Officer, Gaya. 3. The Senior Branch Manager, Bank of Baroda, Gaya Main Branch, Rathaur Bhawan, Swarajpuri Road, Gaya – 823001. 4. The Regional Manager, Bank of Baroda, Patna. ----------- 07. 10.03.2010 All the matrix of the dispute need not be noted in detail in the present order since the dispute has now crystallized and a kind of settlement has been worked out between the parties. The origin of the present dispute was sanction of a loan amount by the respondent bank to the petitioner for financing a Tata Sumo vehicle. Loan sanctioned was stated to be Rs.2.85 lacs. Some payments came to be made but there was outstanding dues which compelled the bank to initiate a certificate proceeding. Certificate proceeding even travelled to Lok Adalat. A settlement was arrived at and a figure was worked out for repayment by the petitioner in favour of the bank. The amount settled by the Lok Adalat is 1.45 lacs. Stand of the petitioner is that he deposited certain amount as well as two cheques with the respondent bank as repayment. One cheque got encashed but a cheque of Rs.50,000/- was never credited. Since that amount remains outstanding the respondent bank pressed on with the certificate case. Writ application came to be filed by the petitioner stating that all repayments have been done and there 2 was no need to continue with the certificate case. The fact which has emerged is that the cheque of Rs.50,000/- was never credited in the account of the bank. Not only this, it has also done the vanishing act. The said cheque was never returned to the petitioner with any kind of endorsement nor is the said cheque available with the bank. What happened to the said cheque which was within the domain of the bank is not known. In the above stated background the contention of the petitioner is that an additional payment and interest thereon being claimed by the bank would be allowing a premium on their own negligence. This fact was also not brought to the notice of the petitioner for many a years. Had prompt action been taken by the bank the petitioner would have fulfilled the requirement at that hour. It is in this background the Court decided to give a chance to the petitioner to again repay back a sum of Rs.50,000/- which would be credited and adjusted against the outstanding loan. As a gesture of further goodwill the petitioner is willing to deposit an additional sum of Rs.10,000/- which should be treated full and final settlement of the dispute. Counsel for the bank on due instruction is willing to accept the offer made by the petitioner. A cheque bearing No. 500820 dated 18.2.2010 .for Rs.50,000/- is being handed over to learned counsel for the bank today in Court itself. Counsel for the bank shall ensure and advise his client that the 3 cheque does not go missing a second time over. In addition another repayment of Rs.10,000/- shall be made by the petitioner within a week to the bank from today. After the above payment is made, the dispute shall be allowed to rest. Certificate proceeding in Certificate Case No. 14 of 2001-02 pending before the Certificate Officer, Gaya shall stand quashed. The writ application is allowed in terms of the above order. rkp ( Ajay Kumar Tripathi, J )