AVARA HAJI Vs. SOUTH MALABAR GRAMIN BANK

JUDGEMENT

(1.) Respondent appears through standing counsel. Ext. P7, order dated 23.02.2013 on I.A. No. 867 of 2012 in O.S. No. 173 of 2009 of Munsiff Magistrate's Court, Mannarkkad is under challenge.

(2.) Respondent filed that suit for recovery of money alleging that petitioner availed a loan of Rs. 28,000/- (Rupees twenty eight thousand only) on 31.01.2007. Petitioner filed written statement admitting that he availed loan of Rs. 28,000/- (Rupees twenty eight thousand only) on 31.01.2007 but raising certain other contentions. In the meantime, petitioner approached this court with W.P.(C). No. 33688 of 2009 claiming that he is entitled to the benefit of the Agricultural Debt Waiver and Debt Relief Scheme, 2008 and (for short "the scheme") of the Reserve Bank of India. That writ petition was resisted by the respondent on various grounds including that the scheme is available only to loans availed on or before 31.03.2007 and which are overdue on 31.12.2007 while the loan in this case was availed by the petitioner on 31.01.2007 and would be overdue only on 31.01.2008. This court disposed of the writ petition by Ext. P4, judgment refusing to allow the relief prayed for by the petitioner but reserving right of petitioner to approach the civil court to challenge the fresh loan that appears to have been granted in his favour and seek benefit of the scheme.

(3.) Pursuant to the above said direction in Ext. P7, judgment, petitioner filed I.A. No. 867 if 2012 to amend the written statement claiming benefit of the scheme. There, petitioner wanted to say that the loan was not availed of on 31.01.2007 and that the statement to that effect in the written statement is wrong. The application was opposed by the respondent. Learned Munsiff-Magistrate, mainly for the reason that petitioner cannot be allowed to resile from an admission in the written statement dismissed I.A. No. 867 of 2012. Ext. P7, order is thus under challenge.