- (1.) The common issue involved in all these four writ petitions is to decide whether the petitioners are entitled to absolute waiver from paying any bank loan under the Agricultural Debt Waiver and Debt Relief Scheme, 2008.
(2.) The circumstances leading to filing of above Writ Petitions are narrated below: In Writ Petition No. W.P. 2999 (w) of 2009 the writ petitioners Samir Mallik and Pramir Mallik have challenged a notice issued to them on 7.7.08 followed by another notice dated 23.12.2008 issued by the Branch Manager of Axis Bank asking them to clear the outstanding dues to the tune of Rs. 1,11,724/- within seven days from the date of receipt of such notice. In their affidavit in opposition the respondent bank has stated that they have sanctioned a term loan of Rs. 5,50,000/- to the writ petitioners for purchase of tractors and its accessories repayable within a period of six years by half yearly instalment of Rs. 45,834/- together with contractual rate of interest commencing from May, 2007. The said loan was disbursed on 18.11.2006. The borrowers paid in parts total amount of Rs. 1,45,900/- only upto 29th February, 2008. The total overdue amount upto 31.12.2007 which remained unpaid till 29.12.2008 was Rs. 13,764/-. According to their calculation under the Debt Waiver and Relief Scheme the beneficiary will be eligible if the payment of overdue instalment and interest thereon was due and payable upto 31.12.2007 and not paid upto 29.2.2008. Therefore, in terms of the said scheme the respondent bank had given waiver of Rs. 2 1,304.66 paise only being overdue amount of Rs. 13,764/- together with interest accrued thereon for the period from 21.11.2007 to 31.12.2007 and credited to the account of the borrower on 28.6.2008 which would be evident from their statement of account. The petitioners being owners of 3.07 acre of land belong to the category of 'small farmers' and their demand for Rs. 1,11,724/- was claimed being the amount due after 3 1st December, 07 and after adjustment of deposits made after 29.2.2008 and the credit of relief of the waiver given which is accordingly valid.
(3.) In Writ Petition No. 3002 (w) of 2009 the writ petitioners (1) Saukat Ali Mondal (2) Moktar Ali Mondal (3) Hazrat Ali Mondal and (4) Rejaul Mondal have similarly challenged the propriety of demand notice dated 23.12.2008 by the respondent bank asking them to clear outstanding dues within seven days and claimed total waiver of the entire outstanding dues. In their affidavit in opposition the respondent bank has claimed that they had sanctioned a term loan of Rs. 5,25,000/- to the writ petitioners for purchase of tractors and its accessories which was repayable within a period of six years at half yearly instalment of Rs. 43,750/- together with contractual rate of interest commencing from July, 2007. The said bank also sanctioned agricultural loan upto the limit of Rs. 1,50,000/- subject to renewal and review after 3 years and such repayment would be commenced from July, 2007 in accordance with terms of sanction letter. The borrowers paid in part a total amount of Rs. 1,48,500/- up to 23.2.2008 i.e., before 29.2.2008 and there was no overdue amount in respect of such tractor loan as on 31.12.2007 and accordingly they are not entitled to claim any relief under this scheme on such account and their next instalment was payable on 5th June, 2008 after cut off date. The agricultural loan or production credit facility up to the limit of 1,50,000/- was disbursed to them on 1.12.2006. The repayment was due in July 2007 and the borrowers repaid their outstanding dues on 11.05.2007 leaving the balance of Rs. 148.3 9/- paise. They were allowed to avail the said facility again on 5.6.2007 to the tune of Rs. 70,000/- i.e., well after the cut off date on 31.03.07. The petitioners got waiver of Rs. 643.83 paise only being outstanding balance of Rs. 148.39 paise only as on 11.05.07 together with interest accrued thereon upto 31.12.2007. The demand notice dated 2.3.2008 was issued in respect of third and fourth instalments of their tractor loan which became due and payable after 31.12.2007. The outstanding claim for the short term loan was in respect of future interest accrued after 31.12.2007. The said demand notice was issued in respect of dues payable upto the date of notice in relation to the amounts which became due and payable after 31.12.2007 and as such it is justified.;