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2016 Supreme(Online)(KER) 26962

HIGH COURT OF KERALA
A. Muhamed Mustaque, J
MANAGING DIRECTOR – Appellant
Versus
KERALA STATE FARMERS DEBT RELIEF COMMISSION – Respondent


J U D G M E N T

This writ petition is filed by a Co-operative Bank aggrieved by an order passed by the Kerala State Farmer's Debt Relief Commission.

2. The 1st respondent approached the Commission stating that she is a farmer and she is entitled for the benefit provided under the Kerala Farmers' Debt Relief Commission Act, 2007 (Act 1 of 2007). Commission by Ext.P3 order granted certain benefits to the 1st respondent. Petitioners challenges the final order in this writ petition. Petitioners also have moved an application for review before the Commission. It seems that applications have been rejected by Etx.P5. Main contention of the petitioner is that loan availed by the petitioner was for education purpose and commission has no power to grant any benefit in terms of Act 1 of 2007. The only question now alive in this matter is whether the loan was taken for educational purpose or for agricultural purpose and whether it would come under the Act 1 of W.P.C.1673/14 2

2007.

3. The Debt Relief Commission was enacted for redressal of grievances of farmers on account of agrarian crisis. The Section 2 (vii) of the Act defines debt as follows:

“Debt” means any liability, whether secured or unsec

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