WP(C)/10/2002 of Anil Lachenpa Vs State Of Sikkim on 20 May 2002

1. The state ofsikklm,Through The Chief Secretary,Govt. of Sikkim,Gangtok.

2. The state Bank ofsikkim,Having its registered office at31 -A, Nadonal Highway,P.O. & P.S. Gangtok,East District, Sikkm.

3. The cerdficate officer,East District of Sikkim,Gangtok.

Respondent.

Coram:The Hon'ble Mr. Justice Ripusudan Dayal, Chief Justice.

Present : Mr. D. K. Singh, Advocate for the pedtioner.Mr. S. P. Wangdi, Advocate General with Mr. I. 8.Pradhan, Govt.Advocate for respondent Nos. 1 and 3.

Mr. A. J. Sharma, Advocate for respondent No.2.

Date of Decisior... 8b ]tdy> 2oo2

Dayal, CJ

TUDGRENI

Respondent No.3, the State Bank of Sikkim filed an application before theCertificate Officer, East District, respondent No.3 under the Sikkim Public DemandsRecovery Act,1988 for a Certificate in its favour against the petitioner for an amount ofRs.59,13,029.22 due up to 30th September, 2001 including interest. Vide Judgmentdated 30th March, 2001, the Certificate Officer issued the impugned Certificate dated 30thMarch, 2001 in Sikkim Public Demand Recovery Case No.180 of 2000. The petitioner pr , 6- has challenged the judgment and the certificate issued by the Certificate Officer on theground that on the enactment of the Recovery of Debts Due to Banks and FinancialInstitutions Act, 1993, which is a Central Act, the Sikkim Public Demands RecoveryAct,1988 has stood repealed. This submission finds support from the judgment of thisCourt in P. K. Saraswat versus Union of India -AIR 1999 Sikkim 16. Relying upon thedecision, I allow the Writ Petition and quash the judgment and certificate dated 30thMarch, 2001 issued by the Certificate Officer, East District in Sikkim Public DemandRecovery Case No.180 of 2000.

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(RIpusudan Dayal )Chief justice08.07.2002