Grievance of the petitioner is that, the coercive steps being pursued by the respondent, particularly on the basis of the requisition made by the 2nd respondent Bank, invoking the machinery under the Revenue Recovery Act, are not liable to be pursued, firstly for the reason that, it is barred by limitation and secondly that, it was an agricultural loan, in respect of which, moratorium has been declared by the Government, which stands extended till 15.02.2015, as borne by Ext.P5 G.O. dated 30.06.2014.
2. The respondent Bank has filed a detailed statement, rebutting the averments and allegations, also pointing out that, the petitioner had voluntarily to execute 'Balance Confirmation Statements' on 31.03.2008, 12.01.2010 and 29.12.2012 vide Annexures I to III and this being the position, the plea of limitation put forth by the petitioner is absolutely without any merits or bonafides. It is also pointed out that, the reliance W.P.(C) No.30129 of 2014 2 sought to be placed on Ext.P5 G.O. is not at all correct or sustainable and that the said G.O. is not applicable to the case of the petitioner. Copy of the basic G.O. dated '15.02.2013' referred to in Ext.P5 has been produced as Annexure IV, which clearly states that, the moratorium is only in respect of the agricultural loans given by the entities like Housing Board, Co-operative Housing Federation, Backward Class Development Corporation, Vegetable & Fruit Promotion Council and such other entities of the Government or Co-operative Banks in the State. Admittedly, the financial assistance given by the respondent does not come within the purview of the said G.O. and as such, the relief sought for by the petitioner is not liable to be entertained. This Court finds considerable force in the said submissions.
3. The factual position in this regard is conceded by the learned counsel for the petitioner as well, who seeks for indulgence of this Court to permit the petitioner to liquidate the entire liability by way of reasonable instalments. The learned counsel appearing for the respondent Bank submits that, the outstanding liability as on date is more than Rupees Eleven lakhs. The amount which was liable to be satisfied, when the requisition W.P.(C) No.30129 of 2014 3 was sent for invoking the machinery under the Revenue Recovery Act in February, 2014 was nearly Rupees 10.41 lakhs.
4. In the said circumstances, the petitioner is required to satisfy the entire liability by way of 'eight' equal monthly instalments, the first of which shall be effected on or before the 20th of December, 2014, followed by similar installments, to be effected on or before the 20th of the succeeding months. Subject to this, the recovery proceedings shall be kept in abeyance, for the time being. It is made clear that, if any single default is committed with regard to the satisfaction of the liability as above, it will be open for the respondent Bank to proceed with further steps for realization of the entire amount in lump, by pursuing such steps from the stage where it stands now.
The writ petition is disposed of.
P.R. RAMACHANDRA MENON, JUDGE sp