The petitioners are persons, who claimed the benefit under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 (for short 'Scheme of 2008'). The petitioners' names were first included in Ext.P4 list; however later, the District Co-operative Bank by Exts.P5 and P6 found that, they are not entitled, for reason of there being no overdue as on 31.12.2007. 2. Admittedly, petitioners had repaid the loan in instalments, as per the schedule in the original agreement. The contention of the petitioners is that whatever the amounts that were remaining to be paid in the loan, as on 31.12.2007 would have to be granted as relief; failing which the Scheme would be a premium on default. However, it is to be noticed that the Scheme of 2008 was brought in only W.P.(C) No.35273 of 2011 - H 2 to ensure that those farmers, who had suffered agricultural loss due to natural calamities, are given relief by the Central Government. Hence, any person who has made remittances as per the original schedule, would be deemed to have not suffered any calamity during the relevant period. In such circumstance, there could be no interference to Exts.P5 and P6.
3. Considering the impecunious circumstances of the petitioners and the fact that the writ petition is pending from 2011, it is directed that the recovery, if not already concluded, shall be kept in abeyance on condition of the petitioners settling the entire loan in ten equal monthly instalments. The petitioners 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 W.P.(C) No.35273 of 2011 - H 3 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 give a statement of the future interest from 15.12.2014 and the same shall be settled as the 11th instalment.
The writ petition stands disposed of, leaving the parties to suffer their respective costs.
Sd/-
K. VINOD CHANDRAN, JUDGE SB // true copy // P.A to Judge.