N. Ahammed vs The Secretary Kasaragod Primary Co Operative Agricultural and Rural Development Bank Limited No. FF 113 Kasaragod Village, Kasaragod Taluk and Others

Honourable Mr.Justice K. Surendra Mohan

The petitioner is the defaulter in repayment of two loans that he had taken from the Kasaragod Primary Co- operative Agriucultural and Rural Development Bank Ltd. The first loan of `49,200/- was availed on 09.02.1998 while the second loan of `30,000/- was availed on 19.05.2000. The loans were to be repaid in 13 years. The period of the loans have expired. Since the amounts were not paid, the bank initiated action for recovery and the property of the petitioner has been brought to sale as per Ext.P1 notice. The sale is scheduled to be conducted on 29.06.2012. The complaint of the petitioner is that he has not been extended the benefits of the Debt Waiver and Debt Relief Schemes formulated for the help of agriculturists. Though he has submitted Ext.P2 request seeking benefits of the said scheme, he complains that the same is still pending before the 3rd respondent. He therefore seeks issue of a direction to consider and dispose of Ext.P2 and to keep the sale in abeyance until such decision is taken.

Advocate Pushparaj Kodoth, who appears for the 1st respondent disputes the contentions of the petitioner. According to him, the total amount due as on today is `85,620/-. The petitioner has already been granted the benefit of the Debt Waiver Scheme, to the tune of `69,920/-. So he is not entitled to any further relief. He therefore contends that this writ petition may be dismissed. Having considered the contentions of the rival parties, I am of the opinion that the petitioner can be directed to pay a portion of the amount due to the 1st respondent, till a final decision is taken on Ext.P2.

This writ petition is therefore disposed of with the following directions:-

The 3rd respondent is directed to consider Ext.P2, the request of the petitioner, in accordance with law, as expeditiously as possible, at any rate, within a period of one month from the date of receipt of a copy of this judgement.

Further proceedings of the respondents to sell the property of the petitioner shall be kept in abeyance for a period of six weeks, on condition that the petitioner pays a sum of `45,000/- to the 1st respondent within a period of two weeks from today.

The balance amount shall be paid by the petitioner, after giving any reduction that may be allowed by the 3rd respondent, within a period of one month of the 3rd respondent issuing final orders on Ext.P2.

If payments as stipulated above are not made by the petitioner, the respondents shall be at liberty to proceed with the sale of the petitioner''s property.