SHAMIM AHMAD Vs. STATE OF U P

JUDGEMENT

(1.) IT is stated that the father of the petitioner had obtained loan for agricultural purposes. He committed default in re-payment thereof. With the issuance of Agricultural Debt Waiver & Debt Relief Scheme, 2008, the bank forwarded a letter by Registered Post dated 10.11.2008 requiring the lonee to appear before the Bank for signing of the relevant document so that the benefits of the Scheme of 2008 may be provided to him. Counsel for the petitioner contends that the father of the petitioner had since expired in the year 2001 and, therefore, the letter dated 10.11.2008 being addressed in favour of a dead person was not delivered. The petitioner however submits that he is ready and willing to pay the outstanding amount provided his claim for debt relief under the Scheme of 2008 as per letter dated 10.11.2009 is considered. In the facts and circumstances of the case I am of the considered opinion that interest of substantial justice would be served by providing that the petitioner may approach the Bank along with a certified copy of this order, within two weeks from today, giving a categorical undertaking that he shall pay the entire amount found outstanding in the loan account after the benefits of the Debt Waiver is provided in accordance with the Debt Waiver Scheme of 2008. On such a representation being made the Branch Manager shall consider the claim of the writ petitioner under the Agricultural Debt Waiver & Debt Relief Scheme, 2008, within two weeks thereafter. The amount so disclosed shall be paid by the writ petitioner in three quarterly installments, first being payable on or before 30.08.2009. In case of default the petitioner shall not be entitled to the benefits of this order. Writ petition is disposed of.