IN THE HIGH COURT OF JUDICATURE AT PATNA C. REV. No.125 of 2001 THE STATE BANK OF INDIA Versus MOST FULWATI DEVI & ANR With C.REV No. 126 of 2001 THE STATE BANK OF INDIA Versus M/S SHYAM TRADIING & ANR ----------- 9 19.01.2009 Heard counsel for the petitioner. Despite service of notice no one appears on behalf of the opposite parties. Both these Civil review applications arise out of the common order dated 6.8.2001 in C.W.J.C. No. 12470 of 2000 and C.W.J.C.No.12474 of 2000. These writ applications came to be filed by M/S Shyam Trading and Shaym Vastralaya for return of their documents by the State Bank of India (herein after referred to as the ‘Bank’) on the ground that whatever loans were taken by them and were sought to be recovered in certificate proceeding, had already realised and/or paid. This Court having noted that the Certificate Officer had disposed of the certificate case by an order dated 25.5.1998 and an appeal filed by the Bank was also been dismissed on 1.9.2000 had merely reiterated the order passed by the Certificate Officer for return of their document on the ground that the loan amount had already been satisfied. This Court infact, taking into account the aforementioned affirmation of the order of the Certificate Officer by the appellate authority had only directed for compliance of the order - 2 - passed by the Certificate Officer as with regard to the return of the document. It however appears that as against this order of the writ court two appeals were filed being L.P.A. No. 956 of 2000 and L.P.A. No. 956 of 2001. Before the appellate Court it was contended that as a matter of fact the appellate order dated 1.9.2000 in certificate proceeding actually had not become final between the parties inasmuch as the same has been set aside in a revision filed by the Bank against the said order and the revisional Court has remitted the matter back to the appellate Court to reconsider the matter. The appellate Court however, did not interfere with the impugned order passed by the learned single Judge and had only made an observation that the material which was not brought by the learned Single Judge could be pressed by filing a review application. That is how these two review applications have been filed. This Court had already issued notice to the writ petitioner respondents of this review petition but as noted above, no one has appeared on their behalf. There is no doubt from the pleadings on record that two revision applications were filed against the appellate order dated 1.9.2000 passed by the Collector while assailing the order of the Certificate Officer dated 25.5.1998 and the appellate order dated 1.9.2000 had been set aside on 2.5.2001 (Annexure-1 to the review application). Thus on 6.8.2001 when this Court had passed the order disposing of C.W.J.C.No.12470 of 2000 and C.W.J.C. No. 12474 of 2000, this Court was definitely not made aware of disposal of the - 3 - Certificate Revision Case No. 75/2000-2001 and Certificate Revision No. 76/2000-2001 which had already been allowed by an order dated 2.5.2001 by the Commissioner, Saran, Chapra setting aside the order dated 1.9.2000. Since the order of this Court dated 6.8.2001 proceeds on an assumption that the appellate order dated 1.9.2000 has become final and binding between the parties, which itself is found to be incorrect in view of the order of the revisional authority dated 21.5.2001, this Court has no hesitation in reviewing the order dated 6.8.2001 in C.W.J.C. No. 12470 of 2000 and C.W.J.C. No. 12474 of 2000. Consequently the order dated 6.8.2001 is hereby recalled and these two writ petitions are directed to be placed for further hearing in the admission matter. Bibhash (Mihir Kumar Jha, J.)