SCA/11540/2008 1/4 JUDGMENT IN THE HIGH COURT OF GUJARAT AT AHMEDABAD SPECIAL CIVIL APPLICATION No. 11540 of 2008 With SPECIAL CIVIL APPLICATION No. 11541 of 2008 For Approval and Signature: HONOURABLE MR.JUSTICE JAYANT PATEL ========================================================= 1 Whether Reporters of Local Papers may be allowed to see the judgment ? 2 To be referred to the Reporter or not ? 3 Whether their Lordships wish to see the fair copy of the judgment ? 4 Whether this case involves a substantial question of law as to the interpretation of the constitution of India, 1950 or any order made thereunder ? 5 Whether it is to be circulated to the civil judge ? ========================================================= MANCHHUBHAI DAHYABHAI PATEL - Petitioner(s) Versus UNION OF INDIA & 2 - Respondent(s) ========================================================= Appearance : MR BJ TRIVEDI for Petitioner(s) : 1,MR JT TRIVEDI for Petitioner(s) : 1,MS JIGNASA B TRIVEDI for Petitioner(s) : 1, MR HARIN P RAVAL for Respondent(s) : 1, MS NAYNABEN K GADHVI for Respondent(s) : 1, None for Respondent(s) : 2 - 3. ========================================================= CORAM : HONOURABLE MR.JUSTICE JAYANT PATEL Date : 16/09/2008 ORAL JUDGMENT SCA/11540/2008 2/4 JUDGMENT 1. Notice. Ms. Naynaben Gadhvi for Mr Raval, respondent No.2 and Mr.Chirag Patel for Mr.B.S.Patel waives notice for respondent No.3. 2. In view of the order passed hereinafter, the presence of respondent No.2 may not be required at this stage. 3. Upon hearing the learned advocate appearing for both the sides, it appears that the matter is covered by the decision of this Court dated 15.09.2008 in Special Civil Application No.10192/08 and allied matters. Hence, similar directions deserve to be issued. 4. In view of the above, the following:- (a) The debts shown in the respective suits, which are subject matter of the concerned petitions, can be said as covered by the Agricultural Debt Waiver and Debt Relief Scheme 2008. (b) Consequently, obligation as per the scheme would stand created upon the petitioners to deposit the requisite amount and upon the respondent No.3 Bank to forward the proposal as per the Scheme through nodal banks/agencies. (c) The respondent No.3 Bank, within one SCA/11540/2008 3/4 JUDGMENT week, shall intimate to the petitioners concerned, the requisite amount, if any, to be deposited for claiming the benefits under the Scheme. (d) If the concerned petitioners comply with the formalities as required under the Scheme, including the requisite amount to be deposited, the proposal shall be forwarded as per the Scheme by respondent No.3 Bank to the concerned authorities/nodal banks, who shall consider the matter in accordance with law. (e) It is clarified that in the event the debts waiver or the debts relief is not made admissible by the competent authority in respect to the debts of the concerned petitioners, it would be open to the concerned petitioners to challenge the decision in accordance with law and the respondent No.3 Bank shall also be at liberty to take action in accordance with law for recovery of the outstanding amount, which is the subject matter of the suits, if otherwise not prohibited by any forum known to law. 5. The petitions are disposed of in terms of the aforesaid directions. Rule made absolute accordingly. Direct service is permitted for SCA/11540/2008 4/4 JUDGMENT respondent No.3. (JAYANT PATEL, J.) *bjoy