IN THE HIGH COURT OF JUDICATURE AT PATNA LPA No.282 of 2008 THE MUZAFFARPUR CENTRAL CO-OPERATIVE BANK LTD. Versus CHANDESHWAR PRASAD SINGH @ CHANDESHWAR SINGH & ANOTHER ----------- For the Appellant : M/s. Sanjay Kumar & Bishnu Kant Dubey For the Respondents: M/S. Vijay Kumar Singh & Pankaj Kr. Singh ------------ P R E S E N T Hon'ble the Chief Justice & Hon'ble Mr. Justice Kishore K. Mandal ------------ Dated, the 21st July, 2008. Counsel for the appellant fairly concedes that there has been no adjudication of the amount due from the respondent no. 1. 2. In our considered view, clause (f) of Section 52 of the Bihar Cooperative Societies Act, 1935 does not lay down that the dues may be realised without any adjudication. The expression “as an amount due” in clause (f) of Section 52 of the Act of 1935 means an amount due after adjudication. 3. Seen thus, the Certificate issued under the Public Demand Recovery Act, 1914 against respondent no. 1 without there being any adjudication of due amount cannot be allowed to legally stand. 4. Without expressing any opinion about the correctness of the view taken by the Single Judge about the applicability of the law of Limitation, in our view, the Certificate issued against the - 2 - present respondent no. 1 by the Certificate Officer could not be allowed to stand as the proceedings for recovery were initiated without there being any adjudication of due amount. 5. The Letters Patent Appeal is, accordingly, dismissed in limine. R. M. Lodha, CJ Kishore K. Mandal, J AMIN/-