IN THE HIGH COURT OF JUDICATURE AT PATNA CIVIL REVIEW No 208 of 2006 BIHAR STATE FOOD & CIVIL SUPPLIES CORPORATION LIMITED & ANR Versus THE STATE OF BIHAR & ORS *** For the petitioners : M/s R S Pradhan, Sr Advocate & S P Tripathi, Advocate For the S t a t e : Ms Archana Shahi, JC to GP 14 *** 3 07.08.2008 Shri R S Pradhan, learned Senior Counsel, in support of this review application, submits that the only ground on which the certificate proceedings, as instituted by them against the writ petitioners, were quashed, was institution and pendency of civil suit in respect of the same dues. This Court, while allowing the writ petition and setting aside the certificate proceedings, held that alternative remedies were available and the respondents having chosen one forum and during pendency of that and without abandoning that could not pick up another forum. In this review application, it is stated that due to inadvertence, respondents could not bring to the notice of this Court that the civil suit itself had been dismissed on 30th May 2006 that is six months prior to the judgment of this Court. It is submitted that this material fact alters the situation and as the suit has been dismissed dismissing the certificate proceedings would be leaving the review petitioners without remedy. I have perused the judgment of the learned Sub Judge VIII, Sasaram dated 30.05.2006 passed in Money Suit No 262 of 1981. The judgment is on merits denying the claim of the review petitioners and the suit 2 being dismissed, that judgment would clearly act as a bar to any proceedings under the Public Demands Recovery Act and would operate as res judicata. Section 6 of the Public Demands Recovery Act prohibits institution of certificate proceedings in respect of claim which is barred by law. Suit having been dismissed, the claim of the same relief in certificate proceeding would surely be barred. Thus, in any eventuality, the certificate proceedings cannot be permitted to be revived and/or continued. In that view of the matter, it would be futile to entertain this application and it is, accordingly, dismissed. M.E.H./ (Navaniti Prasad Singh)