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Expressing deep empathy with a borrower who got tangled in SARFAESI proceedings upon default of loan availed to meet medical expenses of his children, the high court of Kerela sought to know from the government about its schemes to provide relief to person in distress.
Faced with recovery proceedings initiated by the bank under the SARFAESI Act, the borrower had filed writ petition in the High Court. The loans though taken stating different reasons, where actually used to finance the medical treatment of his children. The family is now caught in a “cesspool of liability”, and are not in a position to clear the liability even by liquidating the assets, submitted the counsel for petitioner.
The common approach of court in such cases is to relegate the parties to avail alternate remedies or to grant breathing time to pay off arrears by providing installment facility. However, Justice Devan Ramchandran observed that the instant case called for a more effective intervention by the court, as the family was in utter penury because of reasons beyond their control.
Justice Devan also stated no self respecting citizen would allow himself to stoop so low to the level of having to beg, unless they are forced by circumstances. He further expressed government which is guided by humanistic philosophy of constitution, should give up on the citizen, constraining them to beg before fellow citizens was “heart-breaking” to see public appeals made by persons through media seeking charitable aid from other for medical treatment of their children.
The Government was therefore directed to file an affidavit explaining the welfare schemes available for persons situated in similar state of penury. The District collector was directed to authorize an officer to visit the petitioner to ascertain his state, including treatment of his children.
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