1. Petitioner claims denial of relief under the Agricultural Debt Waiver and Debt Relief Scheme, 2008. Petitioner is said to have availed of a loan, the application of which is produced at Ext.P1. Learned counsel, on the basis of Ext.P1, submits that the loan was availed for a period of three years on an overdraft facility of Rupees one lakh. Petitioner had approached the Redressal Officer, as constituted under Ext.P4 Scheme, which was replied to by Ext.P5 dated 27.9.2008. Ext.P5 indicates that, even in the year 2008, the overdraft facility was operated upon and hence there was no overdue as on 31.3.2007, 31.12.2007 which remained unpaid till 29.2.2008.
2. The loans which are entitled to relief under the Scheme of 2008, are the 'Direct Agricultural Loans'. 'Direct Agricultural Loans' have been categorized into 'Short Term Production Loan' and 'Investment Loan'.
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'Short Term Production Loan' is a loan granted for raising of crops, which has a repayment schedule of 18 months. Any such loan, which was granted before 31.03.2007 is entitled to relief under the Scheme of 2008, but, only to the extent provided under Clause 4.1 of the Scheme. The entire loan would not be entitled to be written off and what is granted as relief is the amounts over due, as on 31.12.2007 and remaining unpaid until 29.02.2008. A loan which has been regularly serviced by the borrower would not be entitled to relief, since, such a person is deemed to have not suffered any agricultural loss. What is eligible for relief is the amounts, which remained over due and un-paid between 31.12.2007 and 29.02.2008.
3. This Court does not find that the petitioner is eligible to be granted any relief under Ext.P4 scheme. With respect to an overdraft facility, during the tenure of the facility, despite there being a debit balance, the same would not be considered as an overdue; if it is within the limit sanctioned. Overdue amounts would be only such amounts withdrawn in excess of the facility.
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4. However, since the writ petition is pending from the year 2008 onwards, it is directed that the recovery shall be kept in abeyance on condition of the petitioner settling the entire loan in twelve equal monthly instalments. The petitioner shall produce a certified copy of this judgment before the second respondent within a period of two weeks of its receipt. The respondent-Bank shall quantify the dues as on 30.12.2014 and issue a statement of accounts, in accordance with which the instalments shall be paid. The 1st instalment shall be paid on or before 10.1.2015 and thereafter; the due date of instalments falling on the 10th 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 30.12.2014 and the same shall be settled as the 13th instalment.
The writ petition stands disposed of as above. No costs.
K. Vinod Chandran, Judge.
sl.