Judgments
Judgments
  1. Home
  2. /
  3. High Court Of Kerala
  4. /
  5. 2014
  6. /
  7. January

Ismail

High Court Of Kerala|17 November, 2014
|

JUDGMENT / ORDER

1. Petitioner, admittedly, availed of a loan from the respondent bank and committed default in repaying the same. Petitioner claims relief under the Agricultural Debt Waiver and Debt Relief Scheme, the Scheme of which has not been produced in the writ petition. However, the Scheme of 2008 itself provides a grievance redressal mechanism, which the petitioner seems to have not availed of. Petitioner has approached this Court with a writ petition of 2010 claiming the benefit of a Scheme of 2008.
2. In this circumstance, the relief claimed cannot be considered.
However, considering the fact that there was a stay from the date of admission, the respondent Bank shall issue a statement of accounts as on 30.11.2014 by registered post.
3. It is directed that the recovery, if not already concluded, shall be kept W.P.(C)No.13150 of 2010 -:2:-
in abeyance on condition of the petitioner settling the entire loan in six equal monthly instalments. The respondent-Bank shall quantify the dues as on 30.11.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 18.12.2014 and thereafter; the due date of instalments falling on the 18th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall revive and continue. On the satisfaction of the dues as per the statement, the Bank shall give a statement of the future interest from 30.11.2014 and the same shall be settled as the 7th instalment.
The writ petition stands disposed of as above. No costs.
K. Vinod Chandran, Judge.
sl.
Disclaimer: Above Judgment displayed here are taken straight from the court; Vakilsearch has no ownership interest in, reservation over, or other connection to them.
Title

Ismail

Court

High Court Of Kerala

JudgmentDate
17 November, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri
  • S Jiji