IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.14519 of 2005 MOHAN SAH Versus THE STATE OF BIHAR & ORS ----------- 02 29.07.2008 The petitioner had taken a loan from the Bihar State Cooperative Bank to the extent of Rs. 40,000/- in about 1997. He states that from time to time he had made payment, the receipts whereof, has been annexed with the supplementary counter affidavit. Notwithstanding the aforesaid and notwithstanding non-settlement of accounts certificate proceedings were initiated for recovery of the balance outstanding, which is shown to have exceeded Rs. One lakh. The petitioner states that from time to time he had made repayments, which have not been fully accounted. He had taken the loan for starting cottage industry of making carpets but had miserably failed in his enterprise. He has little ability to repay the entire amount. Keeping in view the aforesaid facts and balancing the equity, I feel that justice would be so, if the Respondent-Cooperative Bank considers granting maximum waiver permissible - 2 - in law to the petitioner and then giving credit in amounts already received. Communicate the figure to the petitioner within a period of one month from today; on the figure so being communicated, the petitioner would repay the same in six monthly installments, so that by the end of six months from the date of communication the entire liability stands liquidated. Once the petitioner completes the payment, as aforesaid, the certificate proceedings would stand satisfied and be closed, failing which the certificate proceedings would proceed in accordance with law. With these observations and directions, the writ petition stands disposed of. Trivedi/ (Navaniti Prasad Singh,J.)