P.V. SUBASH Vs. STATE OF KERALA

JUDGEMENT

(1.) PETITIONERS are defaulters of loans availed of by them from the respondent Bank. They are now facing revenue recovery proceedings initiated for the recovery of the liability. It appears that in the meanwhile they approached the Kerala State Farmers Debt Recovery Commission constituted under the Kerala State Farmers Debt Recovery Act and the applications made by them are stated to be pending. It is at this stage the writ petitions have been filed complaining that in view of Section 11 of the Act, during the pendency of the applications the recovery proceedings cannot continued.

(2.) I heard the counsel for the petitioners and also the learned counsel appearing for the respondent Bank. Under Section 2(vii) of the Act, 'debt' has been defined as follows;

(3.) AT that stage, petitioners sought installment facility to discharge the liabilities due to the respondents. I heard the counsel appearing for the respondents on this request also.