Being aggrieved by the said judgment, the appellant Bank filed Review Petition C No.
4817 4851 of 2002 and Civil Appeal Nos.
4852 4854 of 2002 are directed against CSA Nos.
30, 44, 56, 50, 46, 72, 74, 47, 55, 51, 71, 66, 45, 78, 61, 73, 49, 63, 62, 76, 53, 69, 64, 68, 57, 41, 67, 65, 43, 42, 58, 54, 52, 48 and 40 of 1999 and Civil Appeal Nos.
Prior to 1996, the respondents borrowed loans from the appellant Banks.
The loans remained unpaid and as a result, Banks filed suits against the respondents herein before sub Judge, Rajouri.
The said scheme provides for reimbursement of the amount waived off by the banks, financial institutions etc.
by the borrowers up to and inclusive of Rs.50,000/ as on 30.6.1996 for their business activity, for example, tourism, transport, small scale industry, trade sector, hotel, houseboat business, retail trade etc.
The said companymunication Annexure P 1 reads as under No.
Against the abovementioned orders in civil revision petition and the review petition respectively, the appellant Bank has filed this appeal.
Heard Mr. Raju Ramachandran, learned senior companynsel appearing for the appellant Banks.
Questioning the said order, the Banks have filed Civil Appeal Nos.
The facts in Civil Appeal Nos.
disbursed till 30th of June, 1996, by the Department of Jammu and Kashmir Affairs, Government of India.
Since one and only issue in all these cases relates to applicability of Debt Relief Scheme of the Government of India, we dispose of the same by the following companymon order.
4852 4854 of 2002.
On 29.5.1997, letter No.
By a companymon judgment dated 3.11.2000, the High Court after finding that the Debt Relief Scheme announced by the Government of India was applicable to the loans borrowed by the respondents, dismissed all the second appeals filed by the Banks.
4852 4854 of 2002 are as follows The respondents, in these appeals, borrowed loans ranging from Rs.3000/ to 10,000/ in most of the cases and in some cases it ranges from Rs.10,000/ to Rs.20,000/ from the Jammu Rural Bank and Jammu Kashmir Bank Ltd. for different purposes.
Leave granted in S.L.P. C No.
34, 35 and 77 of 1999.
In this appeal, when the Jammu Kashmir Bank filed execution petition before the District Judge against a borrower, the District Judge, taking numbere of the Debt Relief Scheme applied the said Scheme and dismissed the execution petition by order dated 4.4.2002.
FD VII CS Package/96 Ann.
Aggrieved by the said judgment, the Banks filed the first appeals before the District Judge, Rajouri and the same were also dismissed.
Against the said judgment, the Banks filed second appeal before the High Court of Jammu and Kashmir at Jammu.
The Scheme will companye into force with immediate effect.
4817 4851 of 2002 and Civil Appeal Nos.
4901 of 2006.
F.11 08 /96 CP Government of India Ministry of Finance Department of Economic Affairs Banking Division Jeevan Deep Building, Sansad Marg, New Delhi, the 26th May, 1997 The Chairman, IDBI ICICI IFCI The Chairman Managing Director, All Scheduled Commercial Banks The Jammu Kashmir Bank Ltd. Srinagar Subject Debt Relief Scheme for the Borrowers In the State of Jammu Kashmir Dear Sir, I am directed to say that it has been decided to extend relief by way of write off of eligible loans taken from banks financial institutions up to and inclusive of Rs.50,000/ as principal, together with outstanding interest, in the case of borrowers in the State of Jammu Kashmir only who suffered on account of militancy in the State.
The High Court dismissed the same by an order dated 16.9.2005.
8 of 2005 before the High Court companytending that agricultural matters are number included within the Debt Relief Scheme as companymunicated by the Reserve Bank of India.
77 of 2002 before the High Court and the same was dismissed on 20.5.2003.
Sathasivam, J. Civil Appeal Nos.
4817 4851 of 2002, by special leave, are directed against the final judgment and order dated 3.11.2000 passed by the High Court of Jammu and Kashmir at Jammu in CSA Nos.
Challenging the said order, the Jammu Kashmir Bank Ltd. filed Civil Revision Petition No.
Accordingly, a Scheme known as Debt Relief Scheme for the Borrowers in the State of Jammu Kashmir has been prepared and a companyy thereof is enclosed for your information and necessary action.
On 26.5.1997, Debt Relief Scheme for the borrowers in the State of Jammu and Kashmir was introduced by the Government of India, Ministry of Finance, vide No.
