IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC NO.13919 OF 2007 1. MD.ZULFIQUAAR, SON OF KHALILUR RAHMAN @ PANAULLAH 2. MD. EJAJ SON OF KHAILILUR RAHMAN @ PANAULLAH, BOTH ARE RESIDENT – VILLAGE NAWABGANJ, P. O. – PURANNANGANJ, P.S. BAISI, DISTRICT – PURNIA ................................ PETITIONERS VERSUS 1. THE STATE OF BIHAR 2. THE COLLECTOR CUM DISTRICT MAGISTRATE, KATIHAR 3. THE DISTRICT CERTIFICATE OFFICER, KATIHAR 4. BRANCH MANAGER OF STATE BANK OF INDIA, AGRICULTURE DEVELOPMENT BRANCH, SONALI BAZAR BRANCH, DISTRICT – KATIHAR 5. THE M/S VISION, BANK RECOVERY AGENCY PURNIA, DISTRICT PURNIA. ................................ RESPONDENTS ----------- 2. 08.03.2010 For non-payment of certain loan taken by the petitioners for purchase of a Tractor and Trailer, a Certificate Case No. 728/01/02-7/03 has come to be initiated. Petitioners’ stand is that they had paid back a substantial amount of the borrowings on different occasions, but there has been default, because of the ensuing floods in that area, which caused extensive damage to the property and the agricultural land of these petitioners. They are still willing to pay back the amount, provided respondents take reasonable view and some time is granted to them to clear the outstanding. Counsel for the petitioners has also raised objection with regard to the rate of interest, which has been calculated and thrust upon them, because the borrowing 2 was for an agricultural purpose, but interest at the rate of more than 15 per cent is being claimed on the loan amount. The borrowing is not denied. The rate of interest to be calculated is based on the agreement which the petitioners have entered with the respondent Bank. Some other objections, raised are required to be taken up by the Certificate Officer. But from the pleadings of the petitioner, it is not evident whether those objections have been taken before the Certificate Officer by way of an application under section 9 of the Public Demand Recovery Act. In addition to that the petitioners are willing to resolve the issue. In view of the above, liberty is granted to the petitioners to file an objection now under section 9 of the Act and contest the matter as appear before respondent Bank to settle the dues, may be in instalments if they so like. The respondent Bank will also be well advised to see the kind of rebate or concessions, which can be granted to these petitioners under the interest head, if the requisite circulars are in existence and the Bank norms allow such relief. No interference otherwise with the Certificate Proceeding is required. The writ stand disposed of with above liberty and observation. SKM (Ajay Kumar Tripathi, J.) 3