-: 1 :- HIGH COURT OF JUDICATURE AT BOMBAY CIVIL APPELLATE JURISDICTION Writ Petition No. 5940 of 2009 Mahadeo D. Sankpal. ..Petitioner. Versus NKGSB Co-op. Bank Ltd & Others. ..Respondents. Coram : S. B. Mhase & R. M. Savant, JJ. Date : August 21, 2009. P. C. : 1. Heard. Mr. S. S. Tambekar, learned counsel appearing on behalf of the Petitioner had argued the the above petition on 12th August 2009 since the Petitioner wanted to avail the benefits of the debt waiver scheme, we had directed the Petitioner to show that he has a dairy and the loan has been utilised for the said dairy, The above petition was accordingly adjourned to 20th August 2009. The above petition appeared on 20th August 2009, however, the learned counsel for the petitioner was absent. Therefore, today we fixed the matter. Today also he is absent. 2. We find that by letter dated 20th November 2008 it has been -: 2 :- informed by the bank that in order to avail the benefits of the debt waiver scheme, the loan should have been paid in three instalments. However, as per the assurance given to the bank, the amount has not been deposited. Apart from that in order to avail the said benefit the loan should have been used for the dairy. Therefore, we had specifically asked for the evidence in that regard. Probably the petitioner is not possessed of such evidence and therefore after passing of the aforesaid order none is appearing on behalf of the petitioner. Since the documents which are necessary to avail the benefit of the debt waiver scheme are not produced before the bank, the said benefit has not been given to the Petitioner. 3. We are, therefore, of the opinion that the above Petition is without any merit and therefore same is hereby dismissed. (R.M.SAVANT, J.) (S.B.MHASE, J.)