Writ petitioner challenged educational loan rejection. The bank rebutted showing acceptance of application and rejection due to low academic performance, which the petitioner acknowledged. Due to lack of clean hands from suppressing facts, the writ petition was dismissed without costs.
The writ petition was dismissed; no costs awarded.
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE S.SIRI JAGAN
THURSDAY, THE 20TH MAY 2010 / 30TH VAISAKHA 1932
WP(C).No. 6797 of 2010(Y)
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PETITIONER:
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JOSMY JOSEPH, D/O.JOSY VARGHESE, AGED 20 YEARS, KAVIPURAVEDATHIL HOUSE, CHITTADY P.O., CHITTADY, KOTTAYAM DISTRICT.
BY ADV. MR.RAFFEEKH KOTTAKKAL.K MR.O.C.LAIJU
RESPONDENTS:
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1. THE UNION OF INDIA, REPRESENTED BY ITS SECRETARY TO MINISTRY OF FINANCE, DEPARTMENT OF ECONOMIC AFFAIRS (BANKING DIVISION) NORTH BLOCK, JANPATH BHAVAN, NEW DELHI-110001.
2. THE CATHELIC SYRIAN BANK, REPRESENTED BY ITS MANAGER, CHITTADY, KOTTAYAM DISTRICT.
3. RESERVE BANK OF INDIA, REPRESENTED BY THE GOVERNOR CENTRAL OFFICE BUILDING, SHAHID BHAGAT SING ROAD, MUMBAI-400 001.
ADVS. MR.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R1 MR.C.A.JOY FOR R2
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 6797 of 2010
PETITIONER'S EXHIBITS
EXT.P1: COPY OF ADMISSION CERTIFICATE ISSUED BY NURSING COLLEGE. EXT.P2: COPY OF GUIDELINES ISSUED TO THE SCHEDULED BANKS BY THE RBI.
RESPONDENTS' EXHIBITS:
EXT.R2(A): COPY OF COMMUNICATION DTD 21.1.10 ISSUED TO THE PETITIONER.
TRUE COPY
PA TO JUDGE.
S. SIRI JAGAN, J.
W.P.(C) No.6797 OF 2010
Dated this the 20th day of MAY, 2010
J U D G M E N T
The petitioner has filed this writ petition on an allegation that the petitioner's application for an educational loan is not being considered and he is not being supplied with an application form for applying for loan. At the time of admission, he has also obtained a direction to the second respondent to issue an application form for educational loan on production of a copy of the order.
W.P.(c)No.6797/10
2
From Ext.R2(A) I find that the petitioner herself has signed the same in acknowledgment of the communication. That being so, the petitioner has not approached this Court with clean hands. She has suppressed material facts from this Court.
Accordingly, the writ petition is dismissed. Although I was inclined to grant costs, exercising restraint, I refrain from
doing so.
S. SIRI JAGAN, JUDGE
acd
W.P.(c)No.6797/10 3
1 issue framed by the court
Whether to grant relief in a writ petition regarding rejection of an educational loan application where the petitioner suppressed material facts.
Josmy Joseph
The Union of India
The Cathelic Syrian Bank
Reserve Bank of India
S.SIRI JAGAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
