The petitioner is aggrieved with the non-consideration of the petitioner's liability under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The petitioner's loan details were sent for consideration, but the same were rejected as per Exts.P7 to P9 by the lead Bank being the Plakkad District Co-operative Bank. The rejection was for the reason that the loan was not entitled for relief under the scheme for reason of not complying with the norms for disbursal of the relief. 2. Admittedly, the petitioner availed a loan of Rs.1,00,000/- in the year 08.05.2006 and the repayment had to be made in 5 years; i.e, the loan would have expired only on 08.05.2011. What was eligible for relief under the Scheme as per clause 4.1 with respect to short term production loans disbursed up to 31.03.2007; is the amount due as on 31.12.2006 which remains unpaid till 29.02.2008. The petitioner's loan having a period of five years starting from May 2006 the period would not expire as on 31.12.2007.
3. Further it has to be noticed that under Clause 3 “Definitions”, the loans which are eligible for relief are the direct agricultural loans which are classified into two categories; namely, Short Term Production Loans and Investment Loans. The petitioner has taken the loan for agricultural purposes and not for any Investment purpose. In such circumstance, the petitioner can be considered only if the petitioners loan is a short term production loan. The definition of short term production loan in clause 3.1 would clearly indicate that it is a loan given in connection with the raising of crops which is to be repaid within 18 months. The petitioner's loan was a long term loan covering over five years. In such circumstance, the petitioner would not be entitled for relief under the scheme of 2008. No irregularity can be found in the rejection which was on the ground that the loan does not satisfy the specific terms of the Scheme. The writ petition is devoid of merit.
4. However, considering that the writ petition is pending from 2011, it is directed that the proceedings shall be kept in abeyance on condition of the petitioner settling the entire loan in seven equal monthly instalments. The respondent-Bank shall quantify the dues as on 20.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 01.01.2015 and thereafter; the due date of instalments falling on the 01st 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 20.12.2014 and the same shall be settled as the 8th instalment.
The writ petition stands disposed of as above. No costs.
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(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge