' Civil Miscellaneous No.12 of 2002. In view of the contentions raised in this C.M. Supported by affidavit of the petitioner, the C.M. Is accepted and the writ petition is restored to its original number.
2. In view of the order passed in Civil Miscellaneous No.1290 of 2002 the Civil Miscellaneous Nos.1291 of 2002 and 1301 of 2002 having become infrutuous are disposed of.
' Main Writ Petition:
3. The petitioner has availed of financial facility in the shape of loan amounting to Rs.100000 in the year 1986 for poultry farm from the respondents and the petitioner has deposited Rs.52028 with the respondent Corporation.
4. Declaring the petitioner as defaulter, the respondents have issued notice for recovery of outstanding amount Rs.234383 to the petitioner. The petitioner has approached this Court for issuance of a direction to the respondents restraining them from recovering the amount of Markup/Riba from the petitioner and further restraining them from adopting coercive measures for the recovery of Mark-up/interest against the petitioner.
5. The learned counsel for the respondents has placed copy of statement of account of the petitioner which shows that Rs.234383 are outstanding against the petitioner. Learned counsel submits that the Government has issued a relief package/incentive scheme for the benefit of defaulters and according to the incentive scheme if the petitioner deposits Rs.105272 till 31-10-2002, the department will waive Rs.129111.
6. In view of the above, this writ petition is disposed of with the direction to the petitioner to approach the respondent No.1 to avail of benefit of incentive scheme issued by the Government and if he approaches the respondent No.2, the said respondent will make rendition of accounts with the petitioner keeping in view the incentive scheme issued by the Department and supply copy of statement of accounts to the petitioner. If some amount is found outstanding against the petitioner, he will deposit the same and if feels dis-satisfied with the settlement of accounts, the petitioner may avail of alternate remedy. However, till 8-11-2002 no coercive measures shall be adopted against the petitioner and after expiry of said date, the injunctive order shall cease to have its legal effect.
Writ .