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M.N.Viswambaran

High Court Of Kerala|30 October, 2014
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JUDGMENT / ORDER

The petitioner in the above writ petition claims relief under the Agricultural Debt Relief Scheme. The Joint Registrar (General), Palakkad had in an Adalath, issued Ext.P3 communication, wherein it was intimated that the relief would be granted as sanctioned by the Reserve Bank of India. The petitioner seeks implementation of the same. 2. The learned counsel for the respondent Bank appears and states that the claim made is with respect to circular No.25/06 dated 17.11.2006 and 20/2007 dated 23.04.2007. In fact, the property of the petitioner was sold in recovery proceedings prior to the said circulars on 29.04.2005. The petitioner had challenged the sale proceedings by another writ petition by O.P NO.15327/2005 in which no interference was made to the sale. The petitioner was directed to pay off the due in the loan account, in ten installments, upon which the sale was directed to be revoked. The petitioner admittedly, did not comply with such direction.
WPC.No.9984/2010 : 2 :
Hence the respondent Bank's contention is that there is no warrant for consideration as directed in Ext.P3. The circulars under which the petitioner claimed relief were not applicable to the petitioner since, prior to that, the petitioner's loan was satisfied as per the recovery proceedings initiated by the Bank.
In such circumstance, the writ petition stands dismissed.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

M.N.Viswambaran

Court

High Court Of Kerala

JudgmentDate
30 October, 2014
Judges
  • K Vinod Chandran
Advocates
  • P Babu Kumar
  • Sri
  • Kumar