The petitioner is aggrieved by non-consideration of his loan for benefit under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. But for merely asserting that the petitioner had availed of an agricultural loan, nothing is stated as to the purpose or the period for which the repayment was scheduled. The Scheme of 2008 specifically speaks of relief to “Direct Agricultural Loans”, which loans are categorised as “Short Term Production Loans” and “Investment Loans”. The “Short Term Production Loans” are loans granted for raising of crops, with a repayment period of 18 months. It is also stipulated that along with working capital, the loan availed shall not exceed Rs.1,00,000/-. Admittedly, the petitioner's loan is of Rs.2,00,000/-. The petitioner also does not have a contention that the petitioner had taken an “Investment Loan”. In such circumstance, it is difficult to bring the petitioner's loan under Ext.P4 Scheme. Further there was a redressal mechanism provided under the Scheme itself, which has not been availed of by the petitioner.
2. The loan was availed by the petitioner in the year 2003 and on default having been committed, the Bank was before the Arbitrator under Section 69 of the Kerala Co-operative Societies Act, 1969. In ARC NO.1382/2005, an award was passed and E.P 105/2006 was filed before the Sub Court, Tirur. When the execution proceedings were pending, the petitioner has chosen to challenge the denial as per the Scheme of 2008, only to avert such recovery. It is already found by this Court that the petitioner's claim cannot be considered under the Scheme of 2008.
3. However, the writ petition is pending before this Court since 2009, the recovery proceedings shall be kept in abeyance for ten months, if the petitioner satisfies the loan as directed hereunder. The petitioner shall produce the certified copy of this judgment before the respondent Bank, within two weeks from the date of receipt of the same and 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 09.01.2015 and thereafter; the due date of instalments falling on the 09th 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 11th instalment.
The writ petition stands disposed of as above. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge