Disposed

Smt.Kalyani Devi v. the State of Bihar and Ors.

Patna HC27 Aug 2012CWJC/14867/2012

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What is this about?

The Court disposed of a writ application seeking quashing of a property attachment order. It granted liberty to the petitioner for time to deposit dues and allowed the Bank to contest the quantum of dues before the District Certificate Officer.

What did the court decide?

Liberty granted to petitioner to appear before the Certificate Officer for time to deposit dues and liberty granted to Bank to contest the quantum of dues.

Smt.Kalyani Devi Vs the State of Bihar and Ors. — Pension and Retirement Benefits | Patna HC (2012)

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IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.14867 of 2012

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====================================================== Smt. Kalyani Devi Wife Of Birendra Kumar Jha, Resident Of VillageHarpur Alioth, P.S.- Musrigharari, District- Samastipur .... .... Petitioner Versus 1. The State Of Bihar through the Principal Secretary, Finance Department, Government of Bihar, Patna 2. The District Certificate Officer, Samastipur 3. The Zonal Manager, Central Bank of India, Samastipur Zone, Samastipur 4. The Branch Manager, Central Bank of India, Main Branch, Samastipur .... .... Respondents ====================================================== Appearance : For the Petitioner : Mr. Pankaj Kumar, Advocate For the Respondents : Mr. M. D. Dwivedi SC23 For the Bank : Mr. Rajeev Ranjan Prasad, Advocate ====================================================== CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER

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3 27-08-2012 Petitioner has filed this writ application for quashing the order of attachment of her property dated 24.06.2011 passed by the District Certificate Officer, Samastipur in Certificate Case No.16 of 2007-08. She has also prayed for a direction to the Bank to furnish detailed bank account after deducting her fixed deposit. Bank has furnished a statement of accounts according to which as on 22.08.2012 dues of the Bank comes to Rs.6,16,152/-.

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However, learned counsel for the petitioner submits that petitioner has received another letter from the District Certificate Officer, Samastipur dated 27.07.2012 in which she has been asked to deposit an amount of Rs.3,24,607/- only within 15 days failing which warrant of arrest was to be issued against her.

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Patna High Court CWJC No.14867 of 2012 (3) dt.27-08-2012

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Learned counsel for the petitioner submits that petitioner is ready to deposit the amount, as directed by the District Certificate Officer.

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This writ application is, accordingly, disposed of with liberty to the petitioner to appear before the District Certificate Officer, Samastipur and pray for time to deposit the due amount in one lump sum and/or in instalment as the Certificate Officer may direct. Bank will also be at liberty to appear before the Certificate officer and contest the quantum of dues mentioned in the notice on the ground that during the pendency of the certificate proceeding, due amount of petitioner has swelled up to Rs.6,00,000/- and odd and, therefore, petitioner is liable to pay that amount now.

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(Jayanandan Singh, J)

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B.T/-

Smt.Kalyani Devi v. the State of Bihar and Ors.

Case brief

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Smt.Kalyani Devi v. the State of Bihar and Ors.

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