S.Vijaya v. Union Of India
8IN THE HIGH COURT OF JUDICATURE AT MADRAS DATED : 12.07.2022 CORAM :
THE HONOURABLE MR.JUSTICE N.ANAND VENKATESH and MP.No.1 of 2011 S.Vijaya ... Petitioner -Vs1.Union of India Rep.by its Secretary to Government Ministry of Finance, New Delhi.
2.The Manager ICICI Bank Ltd., No.19-A, Officers Lane Krishna Nagar, Vellore-1.
3.M/s.Nirma Tractors No.1, West Main Road Gandhi Nagar, Virudambut Vellore-632 006 Vellore District.
4.The Regional Manager Reserve Bank of India Rajaji Salai Chennai 600 001.
... Respondents Prayer : Writ Petition under Article 226 of the Constitution of India praying for the issuance of a Writ of Mandamus, directing the respondents 1, 2 and 4 to extend the benefits of the Agriculture Debt Waiver and Debt Relief Scheme 2008 announced by the 1/6
Government of India to the petitioner in respect of Tractor Loan Account bearing No.LFVLR000009148512 and the alleged Trolley Loan bearing No.LFVLR00009148486 (amount not disbursed to the petitioner) and consequently direct the respondents 1 to 4 to conduct an enquiry against the actions of the 2nd respondent Bank based on the representation of the petitioner dated 26.03.2011. For Petitioner : Mr.K.Premkumar For Respondents : Mr.S.Vasudevan for R2
O R D E R
This writ petition was filed for the issue of a writ of mandamus directing the respondents to extend the benefits of the Debt Relief Scheme 2008, to the petitioner with respect to the loan availed by the petitioner for the purchase of a Tractor. 2.When the matter was taken up for hearing on 28.06.2022, the following order was passed :
The petitioner is seeking for the waiver of the loan under the 2008 Debt Relief Scheme on the ground that the financial assistance was provided by the 2nd respondent for purchase of a Tractor which was used for agricultural purposes. It is brought to the notice of this Court that the Tractor was seized by the 2nd respondent Bank due to the non repayment of the loan and it was sold. Even after the adjustment of the amount realised after the sale of the Tractor, the 2/6
petitioner is due and payable more than Rs.2,00,000/- 2.The 2nd respondent is directed to file a counter affidavit in this case and give the entire particulars. Counter affidavit shall also deal with the waiver sought for by the petitioner under the 2008 Scheme.
3.Post this case under the caption "adjourned cases" on 12.07.2022.
3.When the matter was taken up for hearing today, the learned counsel for the 2nd respondent submitted that during the pendency of this writ petition, there was a compromise between the parties and the joint compromise memo that was signed by the petitioner and the 2nd respondent was also placed before this Court. 4.The relevant portions in the joint compromise memo is extracted hereunder: Whereas the party of the second part approached the Hon'ble High Court in W.P.No.38896 of 2015 to issue Writ of Mandamus to return back the Original deeds and also tractor along with plough and this writ petition is pending before the Hon'ble High Court of Madras;
Whereas the party of the first part and any of the second part have arrived settlement on the following terms:
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Now this deed is witness as follows:
1. That the party of the second part has acted to receive back the original deeds from the party of the first part and party of the first part is giving entire Original documents which was deposited by the party of the second part ;
LIST OF DOCUMENTS tp$ah Settlement Deed 19/11/2003 4728/2003
2. The party of the second part has agreed that she is giving up her demand of return of tractor with plough and accepted the already the vehicle with plough was sold and appropriated the sale price towards the loan amount in respect f LAN No. LFVLR0000 9148 512;
3.That party of the second part agreed since almost eight years had gone and she is given up the claiming of the vehicle mentioned supra with plough and she has no claim what so ever as against the party of the first part and party of the first part agreed that there is no due or claim as against the party of second part; 4.The parties of the first part and party of the second part thereby confirm that all the disputes between them are settled amicably and there is no claim as against each other; 5.The party of the second part is hereby agreed that she will 4/6
withdraw the all proceeding filed against the party of the first party by the party of the second part and she also agreed that there is no claim as against the party of the first part. 5.Recording the compromise between the parties, this writ petition stands closed. No costs. Consequently, connected miscellaneous petition is closed. 12.07.2022 KP Internet: Yes Index: Yes/No To
1. Secretary to Government Union of India Ministry of Finance New Delhi.
2.The Manager ICICI Bank Ltd., No.19-A, Officers Lane Krishna Nagar, Vellore-1.
3.M/s.Nirma Tractors No.1, West Main Road Gandhi Nagar, Virudambut Vellore-632 006, Vellore District.
4.The Regional Manager Reserve Bank of India Rajaji Salai Chennai 600 001.
N.ANAND VENKATESH. J., 5/6
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