J AND K BANK Vs. MOHAMMAD SULTAN DAR

JUDGEMENT

(1.) This revision is directed against the order dated 4th April 2002, passed by the executing Court (District Judge, Budgam) in execution proceedings initiated against the respondent herein. The order impugned in the petition reads as under :

(2.) Learned counsel for the petitioner submits that the order impugned is illegal and without jurisdiction, in as much as the Court below has failed to exercise the jurisdiction vested in it under law and otherwise also, the jurisdiction has been exercised illegally and with material irregularity. The case of the respondent is not covered by the Debt Relief Scheme for the borrowers in the State of J and K. He has referred to the copy of the scheme as circulated by the Government of India, Ministry of Finance vide its communication dated 26-5-1997. The relevant portion of the scheme is reproduced as under :

(3.) Learned counsel for the petitioner submits that the nature of business activities as indicated in the scheme alone are entitled for the relief and the respondent who had taken loan for business of Hob cultivation is not entitled to the benefit under the scheme.