IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.10731 of 2008 RAMAKANT PASWAN Versus THE STATE OF BIHAR & ORS ----------- 3 06.08.2008 The petitioner was granted loan by the Bihar State Scheduled Castes Development Corporation,Bihar,Patna in February, 2003 to the extent of Rs. 3.30 lakh for purchase of a commercial vehicle. The money was to be repaid in a period of five years. Apparently, the petitioner from the very beginning became a chronic defaulter though continued to run the vehicle in question. The result is that the Corporation had to then resort to Public Demand Recovery Act for recovery of its due. The position is that as on today the dues outstanding are above Rs. 3.60 lakh as against an advance of Rs. 3.30 lakh five years back. In the certificate proceeding apart from distress warrant and body warrant having been issued against the petitioner, the vehicle of the petitioner has already been seized. Petitioner states that he is a person below the poverty line and had been granted this loan accepting the fact that he had no asset or source of income. He submits that he is not in a position, because of poverty, to pay the entire amount at once. The result is that he has no source of income as well as assets. Having heard the parties, in my view, on equitable consideration it is directed that on petitioner’s depositing a further sum of Rs. 50,000/- within one month from today , the vehicle would be released to the petitioner. On petitioner’s filing an affidavit before the Certificate Court showing payment of the said amount of Rs. 50,000/- and undertaking to pay Rs. 15,000/- (fifteen thousand only) every month within the first week of the month starting from October, 2008, 2 punctually till liquidation of loan. Any default in maintaining the Schedule aforesaid would revive the certificate proceeding with all its consequences. Payment will have to be made to the respondent- Corporation, which would grant receipt to the petitioner in this regard. So long as the petitioner complies with these orders, further action in the certificate proceeding shall be kept in abeyance. With the aforesaid observation and direction the writ petition stands disposed of. Singh (Navaniti Prasad Singh)