IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33188 of 2009(P)
1. K.M.SALIM, AGED 40 YEARS,
... Petitioner
Vs
1. THE UNION OF INDIA, REPRESENTED BY
... Respondent
2. THE RESERVE BANK OF INDIA,
3. THE DEPUTY GENERAL MANAGER,
4. THE BRANCH MANAGER,
For Petitioner :SRI.BABU CHERUKARA
For Respondent :SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :15/01/2010
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C) No.33188 OF 2009
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Dated this the 15th day of January, 2010.
J U D G M E N T
The petitioner herein had availed of an agricultural loan of
Rs.1,50,000/- on 15.06.2006 from the State Bank of Travancore,
Manimala Branch as per loan No.ATL-67013334192. It is the
case of the petitioner that the monthly instalment fixed for
repayment was at the rate of Rs.3,500/- and the interest charged
on the same was at the rate of 12% per annum. The petitioner
admits that there had been defaults in repayment and thereafter
he had remitted an amount of Rs.30,000/- on 15.05.2007, and
because of heavy financial difficulties, he could not continue to
make the payment.
2. The petitioner is seeking the benefit of Agricultural Debt
Waiver and Debt Relief Scheme 2008 declared as per Exhibit P2
by the Central Government. It is stated that the loan sanctioned
to the petitioner will also be covered by the scheme as the loan
was overdue on 31.12.2007 and was remaining unpaid till
W.P.(C) No.33188/2009 2
29.02.2008. Exhibit P4 is the application submitted by the
petitioner dated 28.07.2008 and on receipt of the same, the
3rd respondent gave a reply as per Exhibit P5 stating that the
petitioner will be given a detailed reply in the matter.
3. The petitioner had been awaiting prompt action in the
matter. But, on the failure of the Bank in communicating any
decision, a reminder was also sent. That reminder was received
by the 3rd respondent on 03.11.2008 as evidenced by Exhibit P6
acknowledgment card. Exhibit P7 is the copy of lawyer notice
sent by the petitioner to the 3rd respondent, which was also
received as evidenced by Exhibit P8 acknowledgment card.
Having failed in his attempt to get any positive action on the part
of the Bank, the petitioner has approached this Court by filing
this writ petition.
4. The main prayer in the writ petition is for a direction to
the Bank to consider the petitioner’s application and extend the
benefits under the scheme.
Heard the learned Standing Counsel for the Bank also. The
Bank is bound to consider his application in accordance with the
W.P.(C) No.33188/2009 3
Scheme. There will be a direction to the respondents 3 and 4 to
consider the application submitted by the petitioner for the
benefit of Exhibit P2 scheme or any other scheme which is in
force and appropriate action will be taken and communication
with regard to the eligibility of the petitioner for the benefit under
the scheme will be issued within a period of six weeks from the
date of receipt of a copy of this judgment.
This writ petition is disposed of as above.
T.R. RAMACHANDRAN NAIR
JUDGE
smp