FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 29 CIVIL APPLICATION NO. 6377 OF 2010 In FA/868/2010 , RAJENDRA BABURAO BODHANE AND ANR VERSUS STATE BANK OF INDIA THROUGH BR MANAGER P M ANKOLEKAR ... Advocate for applicants : Mr. Chandole h/f Mr. Sakolkar Vijay G. Advocate for Respondent : Mr. P.B. Paithankar ... CORAM : R.M. BORDE, J. Dated: July 19, 2011 ... 1 This is an application seeking stay to the execution of the decree passed by the trial court in Special Civil Suit no. 163/2007. Trial court has decreed the suit filed by respondent / original plaintiff in respect of recovery of amount of Rs. 1,50,000/- together with simple interest at twelve percent per annum for the period between 1-7-2000 to 28-9-2007 and future interest at the rate of six percent per annum on the principal sum of Rs. 1,50,000/-, from the date of suit till realisation of the amount. FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ 2 Contention of the original defendant / applicant herein is that the loan amount borrowed by the defendant is under the Kisan Credit Card scheme. It is also contended that in view of the loan waiver scheme declared for the year 2008-2009 by the Finance Minister on 29-5-2008, defendant / applicant herein is entitled for loan waiver and the bank is not authorised to recover the amount borrowed by the defendant under the Kisan Credit Scheme. Learned counsel Mr. Chandole has invited my attention to various clauses of the scheme and contends that the defendant is not liable to pay the amount as claimed by the bank. 3 Learned counsel Mr. Paithankar has presented affidavit in reply and has stated that the defendant was allowed credit as per the scheme for an amount of Rs. 1,00,000/- together with interest amounting to Rs. 1,64,031/- and, after considering the credit permissible to the borrower, execution application is presented by the bank in FARAD CONTINUATION SHEET IN THE HIGH COURT OF JUDICATURE OF BOMBAY APPELLATE SIDE, BENCH AT AURNAGABAD Office Notes, Memoranda of Coram, appearances, Court’s orders or directios and Registrar’s Orders. COURT’S OR JUDGE’S ORDERS __________________________________________________________________________________________ respect of recovery of balance amount of Rs. 91,144/-. It is the contention of the bank that the bank has extended the benefits of the scheme to the borrower and has presented execution only for the balance amount although decree passed by trial court is in respect of recovery of amount of Rs. 1,50,000/- together with interest. 4 Considering the explanation tendered by the bank, I am convinced that the decree passed by the trial court is not liable to be stayed. Application is devoid of substance hence stands rejected. ( R.M. BORDE, J. ) dyb 916 CIVIL APPLICATION NO. 8472 OF 2011 ,In FAST/16970/2011