Dismissed

Virendra Mishra v. The State Of Bihar and Ors.

Patna HC24 Sept 2012CWJC/17845/2012

Case brief

AI extract

What is this about?

Petitioner challenged a certificate officer order rejecting his request to stay proceedings due to a pending Consumer Forum case. The High Court held the impugned order was error-free, as pending consumer forum cases do not halt certificate proceedings under the Bihar & Orissa Public Demands Recovery Act.

What did the court decide?

Writ application dismissed; certificate proceeding allowed to proceed.

Virendra Mishra Vs The State Of Bihar and Ors. — Banking and Recovery | Patna HC (2012)

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	IN THE HIGH COURT OF JUDICATURE AT PATNA Civil Writ Jurisdiction Case No.17845 of 2012 ======================================================
	Birendra Mishra, S/o Sri Upendra Mishra, R/O Village Phulwaria, P.O. + P.S.–Korha, District Katihar .... .... Petitioner Versus 1. The State Of Bihar. 2. The District Magistrate, Katihar. 3. The Deputy Collector-cum- Certificate Officer, Katihar. 4. The Branch Manager, State Bank of India, A.D.B. Gurubazar, Katihar .... .... Respondents ======================================================
	Appearance : For the Petitioner : Mr. Shree Ganesh, Advocate For the State : Mr. S.S. Shabbar Hussain GP4 For the S.B.I. : Mr. Kaushlendra Kumar Sinha, Mr. Sunil Kumar Singh, Advocates ======================================================
	CORAM: HONOURABLE MR. JUSTICE JAYANANDAN SINGH ORAL ORDER
2	24-09-2012 Petitioner has challenged an order dated 18.07.2012 passed
	by the Certificate Officer, Katihar in Certificate Case No.3 of 2010-2011.

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From the order it appears that the petitioner had taken the only defence before the Certificate Officer that his case under the Consumer Protection Act is pending before the Consumer Forum and, therefore, the certificate proceeding should be stayed till final decision is taken in that case. The Certificate Court has noticed the stand of the petitioner and has held that due to a proceeding pending before the Consumer Forum, a certificate proceeding cannot be withheld. Hence he has rejected the stand of the learned counsel for the petitioner and has directed for

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Patna High Court CWJC No.17845 of 2012 (2) dt.24-09-2012

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2 / 2

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issue of body warrant,

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This Court does not find that the Certificate Officer has committed any error of law. He has rightly come to the conclusion that pending proceeding before the Consumer Forum cannot stop a certificate proceeding being held under the provisions of Bihar & Orissa Public Demands Recovery Act.

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In the circumstances, this Court does not find any merit in

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this writ application. The same is dismissed.

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(Jayanandan Singh, J)

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B.T/-

Virendra Mishra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

Virendra Mishra v. The State Of Bihar and Ors.

Case brief

What is this about?

What did the court decide?

What the court decided

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Issues for consideration

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