The court dismissed a writ petition challenging a bank's recovery proceedings. The court held that despite benefits received under the Debt Waiver Scheme, an outstanding loan balance remained. A certificate certifying the benefit did not imply the account was cleared. The petition was dismissed.
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Court No. - 36
Case :- WRIT - C No. - 34966 of 2018
Petitioner :- Durga Devi Respondent :- State Of U.P. And 3 Others Counsel for Petitioner :- Shachindra Kumar Mishra Counsel for Respondent :- C.S.C.,Rohit Yadav
Hon'ble Mrs. Sunita Agarwal,J.
Heard learned counsel for the parties and perused the record.
In the short counter affidavit filed on behalf of respondent-bank a categorical submission has been made that the petitioner took loan to the tune of Rs.1,97,980/- from the respondent-bank which was sanctioned on 18.11.2002 with the loan Account No.T4/11. On 14.6.2004, he had deposited Rs.15000/- in the aforesaid loan account, thereafter, again on 30.6.2006, the petitioner deposited Rs.33,500/-. Thereafter, till 2008, the petitioner did not deposit a single penny in the loan account. Upon introduction of Debt Waiver Scheme-2008, the petitioner was also considered and relief of Rs.82,781/- was given to the petitioner as on 30.6.2008. On the same day, benefit of Rs.28,533/- was granted by the bank and also the interest to the tune of Rs.6140/- was waived off by the bank.
After adjustment of the benefits of the Debt Waiver Scheme, as per loan account of the petitioner, Rs.4,57,180/- was outstanding as on 31.10.2018. The assertion in the short counter affidavit are substantiated from the Statement of Account brought on record. Before grant of benefit of Debt Waiver Scheme, Rs.2 lacs 22 thousand and odd was shown as balance in the said account and after adjustment of benefits as aforesaid, Rs.1,14,580/- remained as balance. Thereafter, Rs. 20,000/- was paid through cash but still the entire outstanding after adjustment of benefits had not been repaid which has resulted in accumulation of the outstanding loan money.
Taking note of the Statement of Account and the benefits accorded to the petitioner, this Court is of the considered view that the petitioner was required to repay the entire outstanding after adjustment of the benefit of Debt Waiver Scheme. As he has not paid, with adding up the interest with cumulative effect over the outstanding dues, it has risen to Rs.4,57,180/- as on 31.10.2018.
The contention of learned counsel for the petitioner that the benefit has not been accorded to him and further by grant of the said benefit, the entire outstanding loan having been repaid by the State Government, nothing is due against him, are incorrect.
The reference made to the Statement of Account at Page '20' is of no relevance. Last line of the said document showing that the irregularities in the loan account have been removed satisfactorily would not be taken to mean that the petitioner had left with no outstanding in his loan account. This interpretation given by learned counsel for the petitioner to the document at Page '20' is clear mis-
reading of the fact inasmuch as, the said document only is in the nature of certificate given to the farmer showing that he had been granted benefit of the Debt Waiver Scheme.
For the said discussion, no infirmity is found. The present petition is devoid of merits and hence dismissed .
Lastly, learned counsel for the petitioner submits that the petitioner proposes to approach the Arbitrator for redressal of his grievances as per Section 70 of the U.P. Co-operative Societies Act, 1965. Suffice it to say that it is always open for the petitioner to approach the appropriate authority as is available under law.
Order Date :- 12.11.2018 Jyotsana
2 issues framed by the court
Whether the petitioner, after availing Debt Waiver Scheme benefits, has a valid claim that no loan dues remain against her.
Whether the petitioner's reliance on a loan certificate indicating benefit accrual negates the outstanding balance in the account.
1 provisions across 1 enactments
Durga Devi
State Of U.P.
Sunita Agarwal
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
