IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.S.R.BANNURMATH & THE HONOURABLE MR. JUSTICE A.K.BASHEER MONDAY, THE 16TH NOVEMBER 2009 / 25TH KARTHIKA 1931 WA.No. 1457 of 2009 --------------------- AGAINST THE JUDGEMENT IN WPC.5272/2009 Dated 18/03/2009 .................... APPELLANT/PETITIONER: --------------------------- GEORGE SEBASTIAN, MUKHALAPARACKAL HOUSE, KALATHUKADAVU P.O., KOTTAYAM DISTRICT. BY ADV. SRI.SHAJI THOMAS PORKKATTIL SRI.BINU PAUL SRI.T.V.VINU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. GENERAL MANAGER, STATE BANK OF INDIA, GENERAL MANAGERS SECRETARIAT, LOCAL HEAD OFFICE, THAMPANOOR, THIRUVANANTHAPURAM. 2. REGIONAL MANAGER, STATE BANK OF INDIA, REGIONAL OFFICE, KOTTAYAM. 3. THE BRANCH MANAGER, STATE BANK OF INDIA, ERATTUPETTA. BY ADV. SRI.K.K.CHANDRAN PILLAI, SC, SBI. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 16/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.R.Bannurmath, C.J. & A.K. Basheer, J. ------------------------------------------ W.A. No.1457 of 2009 ------------------------------------------ Dated this the 16th day of November, 2009 JUDGMENT A.K. Basheer, J. Appellant had availed of a loan from respondent No.2 Bank. Admittedly the appellant committed default in repayment. The writ petition was filed contending, inter alia, that the appellant was entitled to get the benefit of Agricultural Debt Waiver and Debt Relief Scheme, 2008, and particularly clause 4 thereof. 2. The learned Single Judge took the view that the prayer sought for by the appellant was not tenable and accordingly the writ petition was dismissed. 3. We do not propose to refer to or deal with the various contentions raised by the appellant at this stage, in view of the intervening developments. It is brought to our notice that the appellant has submitted an application before the Bank as suggested by this Court with a request to close the present loan account and arrange a fresh loan for one year. W.A.No.1457 of 2009 - 2 - 4. Learned Standing Counsel for the Bank submits that the request made by the appellant will be considered sympathetically and as a special case as suggested by this Court. The Bank will close the present loan account on payment of interest portion of the existing loan account at the rate of 7% per annum. A fresh loan will be advanced to the appellant with interest at the rate of 7% per annum. Recording the above submission, this writ appeal is closed. 5. It is made clear that the Bank shall pass appropriate orders on the loan application that is stated to have been submitted by the appellant without any further delay. The appellant shall pay off the outstanding interest at the rate of 7% per annum in the existing loan account, within two weeks from the date of receipt of the communication to be furnished by the Bank. 6. It is made clear that this judgment shall not be treated as a precedent since this order is being passed in the peculiar facts and circumstances of the case. S.R.Bannurmath, Chief Justice A.K. Basheer, Judge vns