IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.15635 of 2008 SATYA NARAYAN SINGH, son of Ramsakal Singh, resident of village + P.O. – Akorhi, P.S. – Mohania, District – Kaimur at Bhabhua. ------------------ Petitioner. Versus 1. The State of Bihar. 2. Punjab National Bank through it’s the Chief General Manager, Patna. 3. The Branch Manager, Punjab National Bank, Branch – Akorhi, Mohania, District – Kaimur at Bhabhua. 4. The District Certificate Officer, Kaimur (Bhabhua). 5. Gauri Shankar Singh, Peskar of District – Certificate Officer, Kaimur at Bhabhua. ---------------------- Respondents. For the petitioner : Mr. Abhya Kumar, Adv. Mr. Ramchandra Singh, Adv. For the Respondent P.N.B. : Mr. Sunil Kumar Singh, Adv. ------------------ 2 15.01.2009 Heard learned counsel for the parties. The certificate proceeding being Certificate Case No. 39(B) of 2007 – 2008 pending before the Certificate Officer, Kaimur (Bhabhua) initiated by Punjab National Bank has come to this Court. Petitioner asserts that as would be apparent from the ordersheet of the certificate, court has objection having not yet been decided, warrants have been issued for his arrest. Learned counsel for the Bank does not dispute this factual position as appears from the ordersheet itself. In view of the aforesaid facts, I am left with no option but to direct that the order issuing distress warrant and/or warrant of arrest as against the petitioner is wholly unsustainable in law and is set aside as such. it is directed that the certificate court would first decide the objection of the - 2 - petitioner on merits as the certificate court exercises quasi judicial functions and once the objection is decided then subject to such remedies that are available to the petitioner, the certificate court can take steps for enforcement of the certificate. But before deciding objections no such steps can be taken. With these observations and directions, the writ petition is disposed of. Rajeev/ (Navaniti Prasad Singh, J.)