JAMMU RURAL BANK Vs. MOHD DIN

JUDGEMENT

(1.) CIVIL Appeal Nos. 4817-4851 of 2002, by special leave, are directed against the final judgment and order dated 3. 11. 2000 passed by the High Court of Jammu and Kashmir at Jammu in CSA Nos. 30, 44, 56, 50, 46, 72, 74, 47, 55, 51, 71, 66, 45, 78, 61, 73, 49, 63, 62, 76, 53, 69, 64, 68, 57, 41, 67, 65, 43, 42, 58, 54, 52, 48 and 40 of 1999 and Civil appeal Nos. 4852-4854 of 2002 are directed against CSA Nos. 34, 35 and 77 of 1999.

(2.) THE facts in Civil Appeal Nos. 4817-4851 of 2002 and civil Appeal Nos. 4852-4854 of 2002 are as follows: the respondents, in these appeals, borrowed loans ranging from Rs. 3000/- to 10,000/- in most of the cases and in some cases it ranges from Rs. 10,000/- to Rs. 20,000/- from the Jammu Rural Bank and Jammu and Kashmir Bank Ltd. for different purposes. The loans remained unpaid and as a result, Banks filed suits against the respondents herein before sub-Judge, Rajouri. On 26. 5. 1997, Debt Relief Scheme for the borrowers in the State of Jammu and Kashmir was introduced by the Government of India, Ministry of Finance, vide No. F. 11 (08)/96-CP for waiver of eligible loans taken from banks, financial institutions etc. by the borrowers up to and inclusive of Rs. 50,000/- as on 30. 6. 1996 for their business activity, for example, tourism, transport, small scale industry, trade sector, hotel, houseboat business, retail trade etc. The said scheme provides for reimbursement of the amount waived off by the banks, financial institutions etc. disbursed till 30th of June, 1996, by the Department of Jammu and kashmir Affairs, Government of India. On 29. 5. 1997, letter no. FD-VII-CS/ Package/96 (Ann. P-2 in S. L. P. 4852-4854 of 2002) was sent by the Director, Public Sector Undertakings, finance Department, Government of Jammu and Kashmir to the chairman, Jammu and Kashmir Bank for implementation of the said Relief Scheme. On 24. 3. 1999, on the basis of the Debt relief Scheme introduced by the Government of India and followed by the State of Jammu and Kashmir, sub-Judge, rajouri, while taking suo motu notice of the aforementioned relief scheme held that the loans advanced to the respondents was for the purpose of establishing the dairy units as well as rearing of sheep and buffalos and the same could be presumed to be a trade and by applying the said relief scheme, dismissed all the suits. Aggrieved by the said judgment, the Banks filed the first appeals before the District judge, Rajouri and the same were also dismissed. Against the said judgment, the Banks filed second appeal before the High court of Jammu and Kashmir at Jammu.

(3.) IN this appeal, when the Jammu and Kashmir Bank filed execution petition before the District Judge against a borrower, the District Judge, taking note of the Debt Relief scheme applied the said Scheme and dismissed the execution petition by order dated 4. 4. 2002. Challenging the said order, the Jammu and Kashmir Bank Ltd. filed Civil Revision Petition no. 77 of 2002 before the High Court and the same was dismissed on 20. 5. 2003. Being aggrieved by the said judgment, the appellant-Bank filed Review Petition (C) No. 8 of 2005 before the High Court contending that agricultural matters are not included within the Debt Relief Scheme as communicated by the Reserve Bank of India. The High Court dismissed the same by an order dated 16. 9. 2005. Against the abovementioned orders in civil revision petition and the review petition respectively, the appellant-Bank has filed this appeal.