IN THE HIGH COURT OF JUDICATURE AT PATNA CWJC No.17611 of 2009 WASI AHMAD, son of late Namthu Mian, resident of village – Simraur, Post Office – Nakpur, Anchal – Nimchak, Bathani, Police station – Atri, District – Gaya, at present resident of Mohalla – Sherpur, P S – Biharsharif, District – Nalanda. Versus 1. THE STATE OF BIHAR. 2. Punjab National Bank, through its Branch Manager, Branch – Bandi Maniara, Anchal – Nimchak, Bathani, Police station – Atri, District – Gaya. 3. District Certificate Officer, Gaya. 4. Sub – Divisional Officer cum Certificate Officer, Nimchak Bathani, Khijarsarai, District – Gaya. ----------- For the petitioner : M/s Siya Ram Shahi and Hans Raj. For the State : Mr. Shambhu Nath (AC to GP X). For the Bank : Mr. Sharad Kumar Sinha. ---- 03. 19.01.2010 Prayer in the present writ application is for quashing the entire certificate proceeding being Certificate Case No. 02/1998-99. Petitioner also wants quashing of the direction issued by the Certificate Officer by virtue of which body warrant has been issued against him. Submission of the counsel for the petitioner is that a kind of agreement had been reached between the bank and the petitioner for repayment of the loan for purchase of a tractor. When the issue travelled to the Lok Adalat way back in the year 2006, a figure of Rs.1,76,000 was reached but thereafter ignoring this fact the Certificate Officer worked out a fanciful figure of Rs.8,65,777 as the amount payable by him. Petitioner submits that there is no rationality for making such a demand and because of the figure quoted in the order dated 31.8.2007, the petitioner did not reach out to settle the account or the dispute. Petitioner still 2 has willingness to settle the outstanding dues with the bank provided the agreement reached in the Lok Adalat is adhered to. In the counter affidavit filed on behalf of the respondent Bank they have stated that a mistake has crept into the order of the Certificate Officer. The actual figure is only Rs.3,77,695. There was a kind of error with regard to the figure which has been quoted in the order dated 31.8.2007 recorded by the Certificate Officer. Respondents have further questioned the bonafide of the petitioner and his right to claim relief on the given facts that even according to the agreement or the understanding reached in the Lok Adalat between the parties, there was obligation on the petitioner to pay back the agreed sum of Rs.1,76,000/- by 14.2.2006. On failure to pay back the said amount, liability on the petitioner would come back to Rs.2,33,004 and that too with an interest payable @11.5 per cent. Admitted position is that there was failure on the part of the petitioner to pay back the said amount. Petitioner had to be sent to civil prison and thereafter he deposited a sum of Rs.30,000/- with the bank but that too way back in the year 2007 itself. Since then nothing has been done by him. When warrant of arrest came to be issued against him, he decided to file the present writ application. From the narration of the facts and submissions made at the bar the court does not find any legal infirmity in the proceeding as such. If that be so, no question of quashing the 3 entire proceeding arises. There is an additional fact which must be recorded that there is consistent failure on the part of the petitioner to meet his obligation, right from the time the matter was settled in the Lok Adalat till date. The loan amount is not disputed which relates back to year 1987. The matter has not been sorted out till date. If that be so, in terms of the agreement the bank does have a right to claim the dues as a public demand. With the corrected figure which has been brought on record by the bank it will be in the interest of the petitioner now to approach the Certificate Officer to make a firm commitment with regard to the repayment of the loan amount. Direction or request, if any, so obtained would be required to be honoured by the petitioner. No interference is required with regard to the certificate proceeding. The writ application stands dismissed with the above liberty. rkp ( Ajay Kumar Tripathi, J )