IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE B.P.RAY TUESDAY, THE 8TH FEBRUARY 2011 / 19TH MAGHA 1932 WA.No. 153 of 2011() -------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.5363/2010 Dated 08/11/2010 .................... APPELLANT(S): / PETITIONER IN THE WRIT PETITION :- -------------- B.JAGATHAMMA, CHANDRA BHAVAN, KAZHAKKUTTOM P.O., THIRUVANANTHAPURAM, KERALA STATE, PIN - 695 582. BY ADV. SRI.P.N.SANTHOSH SMT.K.P.GEETHA MANI RESPONDENT(S): / RESPONDENTS IN THE WRIT PETITION --------------- 1. THE UNION OF INDIA, REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, GOVERNMENT OF INDIA, PARLIAMENT HOUSE, NEW DELHI. 2. STATE BANK OF MYSORE, THIRUVANANTHAPURAM BRANCH, BRANCH CODE : 40453, POWER HOUSE ROAD, THIRUVANANTHAPURAM, PIN - 695 036. REPRESENTED BY ITS MANAGER. 3. THE CHAIRMAN, STATE BANK OF MYSORE, K.G.ROAD, BANGALORE - 560 009. MR.LAL GEORGE, SC FOR THE BANK THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 08/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & BHABANI PRASAD RAY, JJ. .................................................................... W.A. No.153 of 2011 .................................................................... Dated this the 8th day of February, 2011. J U D G M E N T Ramachandran Nair, J. This Writ Appeal is filed against the judgment of the learned Single judge declining to grant appellant's prayer for benefit under the Agricultural Debt Waiver and Debt Relief Scheme, 2008 issued by Government of India. 2. We have heard learned counsel for the appellant, and Shri.Lal George, learned counsel appearing for the respondent Bank. 3. After going through the judgment, and after hearing both sides, we do not find any ground to interfere with the findings of the learned Single Judge declining waiver claimed by the appellant under the above Scheme, because the loan was given for fencing the property and for development purposes. These are not admittedly covered by the Scheme. So much so, the appellant is not entitled to any waiver. However, having regard to the fact that the loan was given as agricultural loan and there is total failure of crop, we direct the Bank W.A.No.153/2011 2 to waive penal interest, if any, charged and allow settlement on payment of simple interest at agreed rate. However, the same will be on condition that the appellant will settle liability on or before 31/03/2011, failing which the Bank is free to proceed with recovery of the actual arrears due. However, if the loan is a long term loan, then the above direction will apply so far as accrued arrears falling due until 31/03/2011, and if there is instalment facility granted thereafter, the appellant is free to avail the instalment facility without break. However, if there is any default in making payment of any of the instalments on due dates, the Bank is free to recall the instalment facility granted and proceed for recovery of the entire amount as and when default is committed. This Writ Appeal is disposed of as above. (C.N.RAMACHANDRAN NAIR, JUDGE) (BHABANI PRASAD RAY, JUDGE) jg