1. Petitioner claims relief under the Agricultural Debt Waiver and Debt Relief Scheme, 2008, but has not chosen to file a copy of the scheme before this Court. In fact, the respondent Bank has filed a counter affidavit wherein it is specifically stated that as per the scheme, only loans which were taken prior to 31.3.2007 and which stands due with arrears as on 31.12.2007 and remained unpaid as on 29.2.2008, would be covered under the scheme and the relief also would be confined to that extent.
2. It is the specific contention of the bank that none of the loans availed of by the petitioner were taken prior to 31.3.2007 and that the petitioner is not entitled to any relief under the scheme of 2008. The date of availment of the loans, the period of repayment and arrears as on 31.12.2007, which remained unpaid as on 29.2.2008 are W.P.(C)No.21453 of 2010 -:2:-
specifically stated by the respondent bank in paragraphs 4 to 7. The scheme of 2008 also provided for a grievance redressal mechanism, which was not availed of by the petitioner. One other fact is that the relief in accordance with the scheme of 2008 was sought for by the petitioner in 2010 by the present writ petition. The writ petition is hence found to be devoid of merit.
3. However, considering the facts of the case and the alleged impecunious circumstances of the petitioner, this writ petition is disposed of, on the following terms:-
(i). The petitioner shall produce a certified copy of this judgment before the competent authority among the respondents within two weeks of receipt of the same.
(ii). The said authority shall quantify the amounts due under the transaction of the petitioner and inform the petitioner in writing the amounts due as on 30.11.2014.
(iii). The respondent authority shall grant ten monthly instalments for the payment of the balance dues, starting from 17.12.2014 and followed upon the W.P.(C)No.21453 of 2010 -:3:-
17th of each succeeding month.
(iv). Recovery proceedings shall be kept in abeyance on condition that the remittances as per this order are made without any default.
(v) On the petitioner making one default, the recovery steps initiated shall revive and continue.
(vi). On the eighth instalment being satisfied, the respondent shall issue a statement of the interest accrued from 30.11.2014 which shall be satisfied by the petitioner on the 17th of the next succeeding month, as the 11th instalment.
(vii). On the petitioner satisfying the entire arrears, the recovery proceedings shall be unenforceable.
It is made clear that the respondents will be free to revive and proceed with the recovery if default is committed in remitting one instalment.
K. Vinod Chandran, Judge.
sl.