Petitioner challenged a rejected loan application caused by an adverse credit report. Court directed the bank to accept a new application within two weeks once the credit report was clarified as showing no liability.
Directed the 3rd respondent bank to accept and process the petitioner's application within two weeks subject to a new filing within one week.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
WEDNESDAY, THE 16TH DAY OF NOVEMBER 2016/25TH KARTHIKA, 1938
WP(C).No. 27360 of 2016 (T)
PETITIONER(S):
P.K.SABU,S/O.KARUNAKARAN, AGED 52, PUNNATHANATHU VEEDU, PADAMUGHAM POST, IDUKKI DISTRICT 685 515.
BY ADVS.SRI.JOHNSON MANAYANI SRI.JEEVAN MATHEW MANAYANI RESPONDENT(S):
1. FEDERAL BANK LTD.THOPRAMKUDY BRANCH, THORAMKUDY POST, IDUKKI DISTRICT 685 515, REPRESENTED BY ITS BRANCH MANAGER
2. CANARA BANK, MURICKASSERI BRANCH, MURICKASSERI P.O., IDUKKI DISTRICT 685 604,REPRESENTED BY ITS BRANCH MANAGER
3. SOUTH INDIAN BANK LTD., MURICKASSERI BRANCH, MURICKASSERI P.O., IDUKKI DISTRICT 685 604.
4. CREDIT INFORMATION BUREAU (INDIA) LTD. HOECHST HOUSE, 6TH FLOOR, 193, BAKBAY RECLAMATION,NARIMAN POINT, MUMBAI 400 021.
5. RESERVE BANK OF INDIA O/O.RESERVE BANK OF INDIA, MUMBAI, REP. BY ITS GENERAL MANAGER
6. REGIONAL MANAGER RESERVE BANK OF INDIA, BAKERY JUNCTION, TRIVANDRUM 695 033.
7. UNION OF INDIA,REPRESENTED BY ITS SECRETARY TO FINANCE, CENTRAL SECRETARIAT,NEW DELHI 110 001.
R7 BY ADV. SRI.ANISH JAIN, CGC R4 BY ADV. SRI.C.AJITH KUMAR R5 & R6 BY SRI.N.NAGARESH, ASSISTANT SOLICITOR GENERAL R8 BY GOVERNMENT PLEADER SRI.RON BASTIAN R2 BY SRI.PAULY MATHEW MURICKEN,SC,CANARA BANK R3 BY SRI.GEORGE VARGHESE,SC,SOUTH INDIAN BANK
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16-11-2016, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AD
WP(C).No. 27360 of 2016 (T)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE LETTER ISSUED TO THE PETITIONER'S SON TO PROVE STUDENTSHIP AND WITH THE FEES CRITERIA EXHIBIT P2 THE TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 15/1/20136 EXHIBIT P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 20/6/2016 EXHIBIT P4 THE TRUE COPY OF THE CERTIFICATE ISSUED BY THE 1ST RESPONDENT EXHIBIT P5 THE TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 15/1/2016 EXHIBIT P6 THE TRUE COPY OF PETITION FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DATED 1/8/2016 EXHIBIT P7 THE TRUE COPY OF THE CERTIFICATE ISSUED BY 2ND RESPONDENT DATED 1/8/2016
EXHIBIT P8 TRUE COPY OF THE RELEVANT EXTRACTS OF THE CREDIT REPORT DATED 13/2/2016
RESPONDENT(S)' EXHIBITS
EXT.R4 (A): TRUE COPY FO THE PRINTSCREEN COPY OF E-MAIL DATED 21.9.16
EXT.R4(B): TRUE COPY OF THE PRINSCREEN COPY OF E-MAIL DATED 26TH SEPTEMBER 2016 AND THE PRINT OF OLM SHEET.
//TRUE COPY//
P.A. TO JUDGE
AD
SHAJI P. CHALY, J.
W.P.(C). No.27360 of 2016
Dated this the 16th day of November, 2016
JUDGMENT
According to the petitioner, the application for
educational loan submitted by the petitioner for his son is rejected due to Ext.P8 credit report of the 4th respondent. It is the contention of the petitioner that, there is no outstanding amount due from the petitioner to any financial institutions and therefore, Ext.P8 order passed by the Credit Information Bureau (India) Limited (CIBIL) noting certain debts due from the petitioner is not sustainable under law. It is in this background seeking to quash Ext.P8 and for other related reliefs this writ petition is filed.
“9. With respect to the reliefs claimed by the petitioner, it is clarified that after receiving the instructions from Respondent No.1, Respondent No.4 has made the required change in the petitioner's CIR. At present, there is no adverse remark, no Amount Overdue for any credit account against the petitioner
W.P.(C). No.27360 of 2016
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in his CIR.”
W.P.(C). No.27360 of 2016
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as per the records of the 4th respondent. If such an application is filed within a week, 3rd respondent shall consider the same without any further delay and at the earliest and at any rate within two weeks from the date of receipt of a copy of this judgment.
Writ petition is disposed of accordingly.
Sd/- SHAJI P. CHALY JUDGE
smv 17.11.2016
1 issue framed by the court
Whether the petitioner was eligible to apply for an educational loan after the credit report was cleared.
P.K.Sabu
Federal Bank Ltd.
Canara Bank
South Indian Bank Ltd.
Credit Information Bureau (India) Ltd.
Reserve Bank of India
Shaji P. Chaly
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
