Heard learned counsel for the petitioners and learned Addl. C.S.C. for the respondent Nos.1 and 3 and Shri Satyendra Tiwari, Advocate holding brief of Shri Sharad Dwivedi, counsel for the respondent/Bank.
A coordinate Bench of this Court on 28.01.2021 has passed the following order:
"Heard Shri Rakesh K.Tripathi, learned counsel for the petitioner, learned Standing Counsel and Shri Sharad Dwivedi who has put in appearance for opposite party no.4.
Submission of learned counsel for the petitioner is that the petitioner was entitled for Kisan Karz Mafi Yojana, 2017 circulated by the State of U.P., but the case of the petitioner was not considered under the said scheme and now the Bank has given a notice for OTS on 10.11.2020 and prayed that the case of the petitioner may be considered under the said Schemes.
Learned counsel for opposite party no.4 submitted that the case of the petitioner cannot be considered by the Bank under the Kisan Karz Mafi Yojana, 2017. However, the Bank has issued notice to the petitioner for OTS. In case the petitioner applies in response to the letter dated 10.11.2020, contained in annexure no.6 after depositing the requisite amount, the case of the petitioner shall be considered under the said scheme in accordance with law.
On the request of Shri Mayank Singh, learned State counsel and Shri Sharad Pathak, learned counsel for opposite party no.4 put up tomorrow i.e. 29.01.2021 before appropriate Bench to enable them to seek instructions as to whether the scheme is still continuing and why the case of the petitioner has not been considered in the said Scheme.
On the next date the name of Shri Sharad Dwivedi shall be shown as counsel for opposite party no.4."
In pursuance of the aforesaid order it has been informed by the learned counsel for the respondent no.4/Bank that insofar as the loan of the petitioners is concerned, the same was for purchasing a tractor which does not qualify to be treated as an 'agricultural loan'.
It has further been submitted that for the said reason, the petitioner is not entitled to Kisan Karz Mafi Yojna, 2017, which scheme in any case has expired on 02.09.2019.
It has further been informed that insofar as the OTS scheme is concerned, the Bank has issued a notice to the petitioner on 10.11.2020 to settle the matter under the said scheme. However, it has come to an end. In the aforesaid circumstances, the case of the petitioners cannot be considered even under the OTS scheme.
The submission of the learned counsel for the petitioners is that they have preferred the instant petition on 21.01.2021. The aforesaid issue was also considered by the Court as shall be evident from the order dated 28.01.2021. By means of the said order, time was granted to the counsel for the Bank to seek instructions whether the aforesaid scheme is still continuing or not. In the meantime, if the said scheme has come to an end, the petitioners may not be deprived of the aforesaid benefit where they have expressed willingness to deposit the amount in terms of OTS scheme which be considered by the Bank.
Considering the rival submissions and perusing the material available on record, this Court is of the opinion that since the petitioners have already expressed their willingness to comply with OTS scheme and had approached the Court in time, the Bank was required to seek instructions by means of order dated 28.01.2021, which was also prior to the date on which the scheme has come to an end. As the said scheme lapsed merely on account of two-three days as the matter was pending in Court and the matter could not be taken up. In these peculiar circumstances, this Court finds that the petitioners cannot be faulted for such lapse when they had already expressed their willingness to deposit the outstanding sum under the OTS scheme.
In the aforesaid circumstances, this Court directs that in case, the petitioners apply for OTS scheme within a week from today to the Bank along with the necessary deposit of 10% of outstanding sum, then the Bank shall consider the said application under the OTS scheme and pass appropriate orders within one week thereafter.
With the aforesaid, the petition stands disposed of.
Order Date :- 3.2.2021 SK/-