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Sibi Thomas

High Court Of Kerala|10 December, 2014
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JUDGMENT / ORDER

The petitioner is aggrieved by the non-disbursal of the relief as per the Agricultural Debt Waiver and Debt Relief Scheme, 2008 implemented by the Central Government. The petitioner's loan was included in the list of eligible loans forwarded by the respondent Bank. However, the District Co-operative Bank and the NABARD conducted an inspection of the documents available in the respondent Bank and found that the petitioner's loan is not eligible. 2. In such circumstance, there would be no interference caused to Ext.P5 which communicated the rejection by the NABARD. An application was filed before the Grievance Redressal Officer, which was also rejected by Ext.P7. This Court cannot exercise the extra ordinary jurisdiction under Article 226 to look into whether the petitioner was eligible or not under the Scheme of 2008.
WPC.No.28556/2008 : 2 :
Further, Government of India by order F.No.3/9/2010-AC dated 11.01.2013, directed that the scheme of 2008 is closed and the performance audit has to be completed within a period of one month from the said order. In such circumstance, nothing survives and writ petition is devoid of merit.
3. However, the petitioner seeks for instalments. In such circumstance, if the recovery proceedings have not yet been concluded, the petitioner shall be granted ten equal monthly installments to pay off the entire dues. The petitioner shall produce the certified copy of this judgment before the respondent Bank, within two weeks from the date of receipt. The respondent-Bank shall then, 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 12.01.2015 and thereafter; the due date of instalments falling on the 12th of each succeeding month. If default is committed in two WPC.No.28556/2008 : 3 :
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 11th instalment.
The writ petition stands dismissed with the above observations. No costs.
Sd/-
(K. VINOD CHANDRAN, JUDGE) jma //true copy// P.A to Judge
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Title

Sibi Thomas

Court

High Court Of Kerala

JudgmentDate
10 December, 2014
Judges
  • K Vinod Chandran
Advocates
  • Sri Baby Thomas
  • Sri
  • K B Arunkumar Sri Sujesh
  • Menon
  • Sri
  • C Vadakkan