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2013 Supreme(Ker) 889

S.SIRI JAGAN, K.RAMAKRISHNAN
Raju M. Thomas, S/o. Late Thomas – Appellant
Versus
Grievances Redressal Officer – Respondent


Advocate Appeared:
For the Petitioner:Sri. T.V. George and Sri. Jimmy George (Thadathil) by Advocates
For the Respondents:Sri. Shaji Thomas Porkkattil by Advocate, Sri. T.P.M. Ibrahim Khan and Sri. P. Parameswaran Nair, ASG of India.

JUDGMENT :

Siri Jagan, J.

A poor agriculturist is the appellant herein. He is aggrieved by the judgment of a learned Single Judge of this court in W.P.(C).No.4001/2009. The judgment reads as follows:

"Petitioner claims to be an agriculturist, having 4.5 acres of land. He made an application to the 2nd respondent for financial assistance under the Haritha Cash Credit Scheme. Cash credit facility with an upper limit of Rs. 2 lakhs was sanctioned to the petitioner on 13.07.2005 and was disbursed on 19.7.2005. It is stated that, unlike the usual loan granted by the financial institutions with monthly payment of instalment consisting of principal and interest, this scheme is more in the nature of an overdraft facility and the petitioner was entitled to draw amount up to Rs. 2 lakhs, with liability to pay interest on quarterly basis. The credit facility was granted for a period of 3 years.

2. Petitioner committed default in paying interest and Exts.P1 and P2 notices issued in this behalf did not evoke any response. Finally, the Bank filed ARC. No.617/07 resulting in Ext.P4 award dated 19.6.2007. In the award a decree enabling the Bank to recover Rs. 2,38,224/- with interest at 12% on Rs. 2 l













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