IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 23054 of 2008(T)
1. C.M. PHILIP, S/O. MATHEW,
... Petitioner
Vs
1. CANARA BANK, IRITTY BRANCH,
... Respondent
2. THE REGIONAL MANAGER,
3. THE TAHSILDAR, REVENUE RECOVERY,
For Petitioner :SRI.CIBI THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice ANTONY DOMINIC
Dated :31/07/2008
O R D E R
ANTONY DOMINIC, J.
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No. 23054 OF 2008 T
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Dated this the 31st day of July 2008
J U D G M E N T
Petitioner is a defaulter to the respondent bank. According to
the petitioner, he is entitled to the benefit of Agricultural Debt
Waiver and Debt Relief Scheme, 2008, Ext. P2. Petitioner submits
that despite his eligibility for the benefit of Ext. P2, his name did not
found a place in the list prepared by the bank and thereupon he
made Ext. P3 application to the 2nd respondent. It is stated that
despite having made Ext. P3, recovery proceedings are being
initiated by the bank and therefore this writ petition has been filed.
2. I heard the counsel for the petitioner and also the Standing
Counsel for respondents 1 and 2.
3. Since a scheme in the nature of Ext. P2 has been floated by
the bank and the petitioner is claiming the benefit thereof, it is
incumbent on the part of the respondents to consider the claim of
the petitioner for the benefit of the said scheme. Though the
W.P.(C) No. 23054 OF 2008
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petitioner has filed Ext. P3 before the 2nd respondent, Standing
Counsel for the bank points out that the application ought to have
been made to the 1st respondent. In view of this, the writ petition is
disposed of directing that within one week from today, the
petitioner shall make a representation to the 1st respondent claiming
the benefit of Ext. P2 Debt Waiver and Debt Relief Scheme and on its
receipt, the 1st respondent shall either himself deal with the same
or shall forward the same to be dealt with by the appropriate officer
of the bank. Orders on the application shall be passed in the light
of the various provisions of Ext. P2.
It is further directed that subject to the filing of the
representation as above, further proceedings for the recovery of the
amount due from the petitioner will stand stayed until orders are
passed on the application to be filed by him.
ANTONY DOMINIC
JUDGE
jan/-