JUDGEMENT
P.B.Mukharji, J. -
(1.) This is a petition under Article 226 of the Constitution by Ram Ranjan Rakshit against the Chief Administrator, Rehabilitation Finance Administration, New Delhi, the Collector of Krishnagar, the Certificate Officer of Krishnagar and other respondents. The petitioner guaranteed a loan taken by one borrower, Nikhil Bhusan Ghose, from the Rehabilitation Finance Administration. This was done under the provisions of the Rehabilitation Finance Administration Act, 1948, which was a statute, passed for giving financial assistance on reasonable terms to displaced persons to enable them to settle in business and industry. The petitioner guaranteed this loan. The borrower failed to repay the loan whereupon the Chief Administrator, under the Rehabilitation Finance Administration Act, proceeded to realise it from the petitioner under Certificate proceedings. In the course of the Certificate proceedings, the petitioner objected and filed his objections before the Certificate Officer. His objections have been overruled. From the order of the Certificate Officer, the petitioner preferred an appeal before the Collector of Nadia who also dismissed his objections and confirmed the order of the Certificate Officer.
(2.) On 11-11-1955, the Certificate Officer made the order: "You may pay the dues under protest and file a suit. There is no scope of hearing objections in this Certificate. Legal steps will be taken against you if you fail to pay the dues".
(3.) More or less, on the same ground, the Collector confirmed this order on or about the 2nd of December 1955. The petitioner challenges the order of the Certificate Officer and the Collector.;
Click here to view full judgement.
Copyright © Regent Computronics Pvt.Ltd.