The contention of the petitioner is with respect to non consideration of the petitioner's claim under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 (for short 'the Scheme of 2008'). The petitioner had taken a loan from the 3rd respondent which was numbered as A.C.C.351. The Cash Credit was for a period of 12 months. The loan was availed on 14.03.2005. The petitioner's contention is that, without his consent and knowledge, the loan was renewed on 04.08.2006 and 23.01.2008, allegedly to deny the petitioner the relief under the Scheme of 2008.
2. Primarily it is to be noticed that, the Scheme of 2008 was implemented only by Ext.P2 Circular on 23.05.2008. The contention WP(C).36393/10 2 that the renewal of the loan in 2006 and in January 2008 was to deny such benefits, hence, cannot be accepted. The respondent Bank could not have known that the Scheme of 2008 is being introduced or the specific terms under the Scheme. What is not in dispute is that, the Scheme permitted relief only to the extent of the default committed on 31.12.2007 and remaining unpaid as on 29.02.2008. The petitioner's loan was renewed on 23.01.2008. Hence, the petitioner cannot be considered to be a person who has availed a loan prior to 31.12.2007 or whose defaults as on that date, remained unpaid till 29.02.2008. In such circumstances, relief under the Scheme cannot be granted.
3. The learned counsel for the petitioner then contends that, the petitioner, at least, is entitled to instalments since the writ petition WP(C).36393/10 3 has been pending from 2010.
4. Considering the confined prayer made for instalments, it is directed that the recovery, if not already concluded, shall be kept in abeyance on condition of the petitioner settling the entire loan in 12 equal monthly instalments. The petitioner shall produce a certified copy of this judgment before the respondent Bank within two weeks of its receipt. The respondent-Bank shall quantify the dues as on 15.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 26.12.2014 and thereafter; the due date of instalments falling on the 26th of each succeeding month. If default is committed in two consecutive instalments, then the recovery proceedings shall be revived and continued. On the satisfaction of the dues as per the statement, the Bank shall WP(C).36393/10 4 give a statement of the future interest from 15.12.2014 and the same shall be settled as the 13th instalment.
The writ petition stands disposed of, leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN Judge Mrcs //True Copy//