IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.5318 of 2008 VIJAY KUMAR THAKUR Versus THE STATE OF BIHAR & ORS ----------- 3 16.9.2008 Petitioner had taken a loan in the year 1995 from the State Bank of India for purchase of five she buffalos. Petitioner asserts that in 1999 due to lightening strike all five of them instantaneously died. As it was a buffalo loan , Bank should have insured them and as such as a consequence the buffalos died. Bank was liable to indemnify itself from the insurance policy in question instead Bank filed a certificate case for recovery of the dues. This was unjustified. A counter affidavit has been filed by the Bank stating that once an account became NPA, then as per circular and direction of the Reserve Bank of India ,no amount can be debited to the account of the petitioner nor any premium paid for securing the assets which had became non performing assets. It is stated on behalf of the Bank that having taken loan in 1995, petitioner became a defaulter and his account is classified as NPA in the year 1997. Thus after 1997 Bank was not obliged to take out any insurance for the buffalos, in question.The buffalos long thereafter died in the year 1999. Petitioner must therefore pay. In my view, the stand taken by the Bank is correct and the petitioner cannot escape from his liability merely because buffalos died in his custody. This Court can do little in the matter but, however, the - 2 - liberty is to the petitioner to make a detailed representation to the Bank concerned annexing Post Mortem Report and the certificate of government veterinary doctor with regard to the death of five buffalos. Bank would take a lenient view as a poor farmer who had no ability to buy and had to take loan and now asking him to repay the amount is itself contradiction in term. Till such a decision is finally taken, further proceedings in the certificate case shall remain stayed. This disposes of the writ petition. singh (Navaniti Prasad Singh)