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2000 DIGILAW 170 (JK)

Jammu Rural Bank v. Jameela Begum

2000-08-25

A.K.GOEL

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PER AURN KUMAR GOEL, JUDGE (ORAL) 1. As per office report when process server went for effecting service upon respondent, she is stated to have refused to accept the notice, hence she is presumed to have been served as such proceed against ex-part e. 2. Heard learned counsel, with his assistance record of the case has been examined. 3. Exparte decree in the sum of Rs. 5424/- was passed by the trial court on 14-09-1995 in file No. 26/civil titled Jammu and Kashmir Bank Branch Manjakote Vs. Smt. Jameela Begum. This decree was in the process of execution. 4. What appears to have been done by the learned Sub Judge, Rajouri is that the execution has been dismissed on the plea that because Debt Relief Scheme was issued by the Govt. of India and under the said scheme recovery of the amount in terms of the decree cannot be sought for by the petitioner-bank; and establishment of the Sheep Unit also falls within the ambit of trade as such decree holder was not entitled to continue with the execution, on this position execution application has been dismissed. 5. So far Debt Relief Scheme is concerned, it covers Small Scale Industries, Transport, Tourism and Trade, Activities of rearing Sheep is an activity which is allied to agriculture. This is as per Handbook of Instructions, Basic Statistical Returns 1 and 2, revised edition March, 1996. Copy of which instructions has been referred to by Shri Gupta learned counsel for the petitioner-Bank and same has been taken on the record of this file. 6. In addition to this so far matter relating to policy framed by way of Debt Relief Scheme for the Borrowers in the State of Jammu and Kashmir is concerned, it cannot wipe out the decree. Only effect of such scheme wherever it is applicable that the Bank is to be reimbursed by the Govt. of India to the extent of Rs. 50,000/- only. 7. In view of what has been stated herein above and as per instructions of Reserve Bank of India (supra), this revision petition needs to be allowed and is ordered accordingly. As consequence of order passed by the trial court on 22-09-1999 in the case title Jammu Rural Bank Branch Manjakote Vs. Smt. Jameela Begum is hereby quashed and set aside. Trial court is directed to proceed further in the execution in accordance with law. 8. As consequence of order passed by the trial court on 22-09-1999 in the case title Jammu Rural Bank Branch Manjakote Vs. Smt. Jameela Begum is hereby quashed and set aside. Trial court is directed to proceed further in the execution in accordance with law. 8. Record of the trial court is here petitioner-decree holder is present through its learned counsel who is directed to appear before the trial court on 20th October, 2000, to it no notice will be issued by the trial court. Registry will ensure that record is transmitted to the court below so as to reach well before the date fixed.