IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 16TH DECEMBER 2008 / 25TH AGRAHAYANA 1930 WP(C).No.35020 of 2008 (R) --------------------------------- O.S.196/01 OF SUB COURT, KOCHI PETITIONER: --------------- RAMANI, W/O.LATE K.P.FRANCIS, KOPRAPARAMBIL, PALLICHAL ROAD THOPPUMPADY, KOCHI-5. BY ADV. SRI.JOSE JOSEPH ARAYAKUNNEL RESPONDENTS: ----------------- 1. DISTRICT COLLECTOR, ERNAKULAM, CIVIL STATION, KAKKANADU. 2. FEDERAL BANK LTD., NJARAKKAL BRANCH, NJARAKKAL P.O., VYPEEN, KOCHI. ADV. SRI.GEORGE VARGHESE (MANACHIRACKEL) FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.P.BALACHANDRAN, J. ------------------------------------------------ W. P. C. No.35020 of 2008 ------------------------------------------------ Dated this the 16th day of December, 2008 JUDGMENT The petitioner is additional judgment debtor in O.S.196/01 on the file of the Sub Court, Kochi, she being the wife of the deceased judgment debtor/K.P.Francis. Amount due under the decree that is sought to be realised is around Rs.2,25,000/-. It is submitted that the bank had under the Agricultural Debt Relief Scheme granted benefit to the petitioner to discharge the debt in three instalments ending with 30/06/09 reducing the amount to Rs.90,161/-; and that the date of payment of the first, second and third instalments is respectively 30/09/08, 30/03/09 and 30/06/09; that the first two instalments are for Rs.30,054/- whereas the third and last instalment is of Rs.30,053/-. The petitioner has approached this Court for a W. P. C. No.35020 of 2008 -2- direction being given to the decree holder/bank to treat the subject matter of the loan of the petitioner involved in E.P.81/06 (Ext.P6 E.P) of the Sub Court, Kochi as an agricultural loan coming under the Agricultural Debt Waiver Scheme and to command the respondents to take steps for making available the benefit of the scheme to the petitioner at the earliest and also not to proceed with the recovery of the loan of the petitioner in any manner. 2. It has been brought to my notice by counsel for the decree holder/bank that the petitioner has agreed to discharge the debt reducing it to Rs.90,161/- as allowed by the bank in three instalments as per the provision of Agricultural Debts Waiver and Relief Scheme, 2008 and that he is not entitled to any further relief to waive the entire debt. Counsel for the petitioner submits that at W. P. C. No.35020 of 2008 -3- least time for the payment of the first instalment be extended from 30/09/08 till 16th of January, 2009 and to complete the payment by extending the period from 30/06/09 to 30th October, 2009. Counsel for the respondent/Bank submits that the amount waived under the scheme will be refunded to them by the Government only in the event of the balance debt being cleared before 30/06/09 and the transaction being settled and that in the event of the transaction not being settled before 30/06/09 they will forfeit the amount due under the scheme to compensate the loss by the benefit of the waiver of a portion of a debt granted to the petitioner. 3. To the question as to whether the petitioner would be prepared to pay the entire debt as shown in Ext.P6 E.P. in the event of extension being granted to clear off the debt from 30/06/09 to 30/10/09 counsel for the W. P. C. No.35020 of 2008 -4- petitioner submits that the judgment debtor will not be prepared to waive the benefit under the Debt Relief Scheme. Hence, obviously the time for payment of the full debt cannot be extended beyond 30/06/09. In relation to the request to extend time for payment of the first instalment up to 16/01/09 counsel for the respondent/decree holder submits that in the event of the petitioner being prepared to pay interest on the first instalment of Rs.30,054/- from 30/09/08 till 15/01/09 the prayer for extension of time for payment of first instalment can be extended up to 16/01/09. Counsel for the petitioner/judgment debtor is agreeable to that course. Hence, time for payment of first instalment of Rs.30,054/- is extended up to 16/01/09. The amount due for the second and third instalments shall be paid respectively on 30/03/09 and 30/06/09 itself. In the event of W. P. C. No.35020 of 2008 -5- non-payment of the amounts as directed above, the decree holder shall be entitled to proceed with the execution as per Ext.P6 E.P. 4. This Writ Petition is disposed of with the above directions. K.P.BALACHANDRAN, JUDGE kns/-