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1998 DIGILAW 144 (PAT)

Umesh Prasad Singh v. State of Bihar

1998-02-18

B.N.AGRAWAL

body1998
Order 1. Heard the parties. 2. This application has been filed for quashing that portion of order dated 15.5.1996, passed by the District Certificate officer, East Champaran, Motihari In Certificate Case No. SBI/1980-81 whereby, warrant of arrest has been issued against the petitioners. 3. It has been stated that by different orders passed by the Certificate Officer, the petitioners were exonerated from payment of certificate dues and thereafter the bank filed a review application which was rejected. It has been further stated that after expiry of several years, the bank filed a second review application which is rending disposal. When the said review application was pending, one of the certificate debtors ,made a prayer for grant of time for filing rejoinder to review application and the certificate officer by order dated 15.5.1996 rejected the prayer for time and directed for issuing warrant of arrest against the petitioners as well, hence this writ application. 4. Undisputedly, the review application is still pending and the same has not been disposed of in one way or the other. In view of the fact that the review application is pending, the authority was not justified in issuing warrant of arrest against the petitioners who have already been exonerated by the certificate officer and for review of the order on second review application is still pending. 5. Accordingly, this application is allowed and aforesaid order dated 15.5.1996 issuing warrant of arrest so far the same relates to the petitioners, is hereby quashed. The certificate officer is directed to dispose of the review application without any delay. 6. This writ application is thus disposed of.