- (1.) Heard learned counsel for the parties. Petitioner is aggrieved by issuance of distress warrant in Certificate Case No. 01 of 2006 -07 by the respondent no. 2, District Certificate Officer, Bokaro. The requisition for certificate at Annexure -1 under Regulation -4(2) of the Bihar State Financial Corporation (Recovery of Dues) Regulation, 2002 was issued on 14.02.2006 by the Specified Authority, Bihar State Financial Corporation (hereinafter referred to as "BSFC"), Patna for recovery of term loan along with interest due and to be due as arrears of land revenue under Section 32(G) of SFCs Act 1951 totalling Rs. 48,39,949.15 along with Pendent -lite and future interest indicated therein as on 28.02.2005.
(2.) Counsel for the petitioner submits that there was no service of notice under Section 7 of the Bihar Public Demand Recovery Act, 1914(now Jharkhand) and distress warrant was issued on 13.10.2006 itself by the respondent no. 2. He contends that in absence of any service of notice, no objection could be filed under Section 9 of the PDR Act, 1914 and now distress warrant has again been issued on 27.03.2015. He submits that petitioner is ready and willing to surrender to the jurisdiction of the Certificate Officer and file his objection to the demand/requisition for certificate made by the Specified Authority of BSFC, Patna. However, coercive steps have been taken without any determination in terms of Section 10 of the PDR Act, 1914.
(3.) Counsel for the respondent -Corporation submits that petitioner has been evading appearance even after service of notice and requisition for certificate made in February, 2006 still remains un -executed due to non cooperation of the petitioner till date. Counsel for the Corporation and the State, therefore, oppose the prayer of the petitioner for any interference.;