IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 29816 of 2008(Y)
1. LEELAMMA ABRAHAM, 66 YEARS,
... Petitioner
Vs
1. FEDERAL BANK .TD, REGD.OFFICE ALUVA,
... Respondent
2. A.ABRAHAM, S/O.LATE ABRAHAM, PANNIKKOTT
3. LIGI ABRAHAM, S/O.LATE ABRAHAM,
4. MAYJI ABRAHAM, S/O.LATE K.A.ABRAHAM,
For Petitioner :SRI.C.A.JOSEPH
For Respondent :SRI.GEORGE VARGHESE (MANACHIRACKEL)
The Hon'ble MR. Justice THOTTATHIL B.RADHAKRISHNAN
Dated :16/10/2008
O R D E R
THOTTATHIL B. RADHAKRISHNAN, J.
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W.P.(C).No.29816 of 2008-Y
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Dated this the 16th day of October, 2008.
JUDGMENT
The petitioner has a dairy farm. She had availed
a mortgage loan. She also availed a loan for the
purpose of dairy farm. It appears that her dairy
farm used to produce large quantities of milk. I
say so because, the petitioner, going by the
records of the High Court, had filed WP(C).
26318/2003 seeking a direction to a primary milk
co-operative society to collect the entire milk
produced in her dairy farm because the society
does not receive more than 100 litres.
The case in hand is a claim by the petitioner
that she is entitled to the benefit of the debt
relief scheme brought in by the Central
Government to support the agricultural sector.
Even according to the learned counsel for the
WP(C)29816/08 -: 2 :-
bank, one loan is availed for dairy farm, though
the other is a mortgage loan. On the totality of
the facts and circumstances, I deem it
appropriate that the first respondent considers
Ext.P5. However, that will be on condition that
the petitioner deposits an amount of Rs.2 lakhs
within three weeks from now. It is further
directed that the Debt Relief Commission will
adjourn any interim application filed by the
writ petitioner to set aside ex parte order
passed against her in O.A.33/2003, awaiting the
decision of the bank on Ext.P5. All other
contentions are left open. The writ petition is
ordered accordingly.
THOTTATHIL B. RADHAKRISHNAN,
JUDGE.
Sha/161008