Petitioners challenged bank order rejecting claim for Agricultural Debt Waiver and Debt Relief Scheme, 2008. Court held rejection not faulty due to lack of proof of outstanding loan amount on eligibility dates.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE ANTONY DOMINIC
FRIDAY, THE 25TH MARCH 2011 / 4TH CHAITHRA 1933
WP(C).No. 5226 of 2011(C)
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PETITIONER(S):
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K.AVARA HAJI, KATTUKANDAN HOUSE, KULIKKILIYAD.P.O., SREEKRISHNAPURAM VIA, PALAKKAD DISTRICT.
BY ADV. SRI.C.K.RAMAKRISHNAN
RESPONDENT(S):
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1. THE MANAGER, VIJAYA BANK, MANNARKAD, PALAKKAD. 678 582.
2. THE DEPUTY GENERAL MANAGER, RURAL PLANNING AND CREDIT DEVELOPMENT, RESERVE BANK OF INDIA, THIRUVANANTHAPURAM-1.
ADV. SRI.K.ANAND (A.201) FOR R1 SMT.LATHA KRISHNAN FOR R1
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/03/2011, ALONG WITH WPC NO. 5351 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
ANTONY DOMINIC, J. ================ W.P.(C) NOs. 5226 & 5351 OF 2011
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Dated this the 25th day of March, 2011
J U D G M E N T
Petitioner in WP(C) No.5351/11 availed of an agricultural loan from the respondent Bank on 20th of February, 2007. Similarly, the petitioner in WP(C) No.5226/11 availed of such a loan on 19/2/2007. They claimed the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008. The claims were ultimately rejected by the Bank on the ground that the loan availed of was not overdue as on 31st December, 2007 and remaining outstanding as on 29/2/2008 to be eligible for the benefit of the scheme. It is challenging these communications, these writ petitions have been filed.
:2 :
WPC Nos. 5226 & 5351/11
2007 and therefore the petitioners are eligible for the benefit of the scheme.
Writ petition is dismissed.
ANTONY DOMINIC, JUDGE
Rp
1 issue framed by the court
Whether petitioners availed agricultural loans granted benefit under Agricultural Debt Waiver and Debt Relief Scheme, 2008 in absence of proof of outstanding dues as on specified dates
K.AVARA HAJI
K.KATTUKANDAN HOUSE, KULIKKILIYAD.P.O., SREEKRISHNAPURAM VIA, PALAKKAD DISTRICT
THE MANAGER, VIJAYA BANK, MANNARKAD, PALAKKAD
THE DEPUTY GENERAL MANAGER, RURAL PLANNING AND CREDIT DEVELOPMENT, RESERVE BANK OF INDIA, THIRUVANANTHAPURAM
ANOTY DOMINIC
As recorded by the court registry
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