IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.399 of 2011 ----------- 1. Jai Kumar @ Jay Kumar, s/o Sri Kamlesh Kumar Gupta, resident of Mohalla Shanti Bhawan, Babu Tola Lane, Govind Mitra Lane, Behind Janta Hotel, District Patna. 2. Sri Kamlesh Kumar Gupta, S/o Lakhi Narain Gupta, resident of Mohalla Shanti Bhawan, Babu Tola Lane, Govind Mitra Lane, Behind Janta Hotel, District Patna. 3. Smt. Shanti Devi, W/o Sri Kamlesh Kumar Gupta, Shanti Bhavan, Babu Tola Lane, Govind Mitra Lane, Behind Janta Hotel, Post Office Bankipur, P.S. Pirbohar, District Patna. …. Petitioners Versus 1. The State of Bihar through the Chief Secretary, Government of Bihar, Patna. 2. The Sub-Divisional Officer-cum-Certificate Officer, Patna Sadar, Patna. 3. The Branch Manager, Punjab National Bank, Boring Canal Road Branch, Patna. …… Respondents -------- For the Petitioners : M/s Shivaji Pandey, Sr. Advocate and Ajit Kumar, Advocate. For Respondent-Bank: Mr. Kumar Priya Ranjan, Advocate For the State : Mr. Ram Narayan, A.C. to S.C. 23 ------- 03/ 19.01.2011 Heard learned counsel for the petitioners, learned counsel for the State of Bihar and learned counsel for the Punjab National Bank. 2. This writ petition has been filed by the petitioners for a direction to the respondents to settle the loan account created in the name of M/s Shanti Jewellers and Sons pursuant to the sanction of loan to the tune of Rs. 2 lacs vide sanction order dated 26.07.1997 and term loan to the tune of Rs. 3 lacs being Cash Credit Account No. 2910008700002504 and Term Loan Account No. 2910001B00006881 opened with Boring Road Patna Branch of Punjab National Bank, for which a certificate proceeding bearing Certificate Case No. 435/07-08 is pending before the Certificate Officer, Patna Sadar and also for a direction to the respondents to release the papers pursuant to the settlement done between the parties forthwith giving their “No Objection” so that the title holder can use the property without any hindrance and the petitioners are not called for any liability thereafter as well as for other ancillary reliefs. 3. After hearing learned counsel for the parties and perusing the materials on record, it is quite apparent that earlier Certificate Case No. 435/07-08 was initiated before the Certificate Officer, Patna Sadar, in which an objection under section 9 of the Bihar & Orissa Public Demand Recovery Act, 1914 ( hereinafter referred to as `the Act‟ for the sake of brevity ) had been filed by the petitioners and vide order dated 19.06.2008 (Annexure 2) passed in C.W.J.C. No. 6638 of 2008 a Bench of this Court directed that pending disposal of the said objection of the petitioners under section 9 of the Act, further proceedings with regard to taking coercive steps against the petitioners under order dated 28.01.2008 shall remain stayed. The said objection under section 9 of the Act is still pending. 4. It further transpires that subsequently on 13.02.2009 (Annexure 9), a notice under section 13(2) of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 ( hereinafter referred to as `the SARFAESI Act „ for the sake of brevity ) was sent to petitioners no.2 and 3, in response of which the said petitioners filed their objection under section 13(3-A) of the SARFAESI Act on 12.03.2009 ( Annexure 10), which is still pending and since the matter is still pending, the petitioners are entitled to raise their objections with regard to the merit of the case. 5. Now learned counsel for the petitioners raises two points for consideration, namely, (i) their prayer for adjustment of loan as per O.T.S. Scheme of the Bank and (ii) entitlement of the petitioners to the benefits having already been given to other such loanees (Annexure 5), which have not been considered by the authorities while taking the aforesaid steps. 6. Learned counsel for the respondent-Bank vehemently opposes the said claims of the petitioners and submits that their objections under the aforementioned two Acts shall be considered in accordance with law and there is no occasion for the petitioners to raise any grievance before this Court. So far the said two points raised by learned counsel for the petitioners as mentioned above are concerned, learned counsel for the respondent-Bank submits that it is for the authorities to consider and decide the same in accordance with law. 7. In the said circumstances, this writ petition is disposed of with a liberty to the petitioners to file an appropriate application raising the aforesaid two points before the Senior Manager, SARC Branch, Punjab National Bank, Budha Colony, Patna within fifteen days from today and the said authorities shall decide the said application including the said two points raised by the petitioners in accordance with law within two months thereafter and shall communicate the decision to the Certificate Officer, Patna Sadar and shall also send an intimation to the petitioners with respect thereto. The objections of the petitioners under section 9 of the Act and section 13(3-A) of the SARFAESI Act shall be decided by the said authorities after communication of the fate of the said application and after hearing the parties. Till then, no coercive action shall be taken by the authorities against the petitioners. MPS/ ( S. N. Hussain, J.)