- (1.) The instant appeal is directed against the judgment and order dated 11.12.2009 passed in W.P.(C) No. 5586/2009 whereby the learned Single Judge disposed of the writ application with a direction to the petitioner/appellant to deposit 40% certificate dues with the respondent-Bank and on such deposit Revisional Court shall stay the warrant issued by the certificate officer.
(2.) The facts of the case lie in a narrow compass. The appellant was availing financial assistance from the respondent - State Bank of India. On default a certificate proceeding was initiated against the appellant under the Bihar and Orissa Public Demand Recovery Act. On being noticed appellant appeared before the certificate officer and filed objection under Section 10 of the said Act. The Certificate Officer, Dumka, who after considering the amendment petition filed by the respondent-Bank and also objection filed by the petitioner held that certificate dues claimed by the Bank against the appellant was correct, hence, Certificate Officer proceeded under Section 11 of the said Act. Against the aforesaid order of the Certificate Officer dated 25.7.2009 the appelant filed revision before the Collector, Dumka which was registered as certificate revision No. 1/2009-10. The appellant said to have filed application in the said revision for stay of bailable warrant issued by the Certificate Officer but instead of pursuing the revision the appellant filed the aforementioned writ petition on the ground that the stay application filed before the Collector, Dumka in the aforementioned revision could not be heard as the Collector was not holding Court.
(3.) The aforementioned writ petition has been dismissed by the learned Single Judge by passing the impugned judgment and order whereby he has directed the appellant to deposit 40% of the certificate dues and in the event of deposit the Collector, Dumka shall stay the wan ant issued by the Certificate Officer. Aggrieved by the said order passed by the learned Single Judge, the instant appeal has been filed by the appellant.;