Disposed

C.S.Basheer v. Kerala Gramin Bank

Kerala HC17 Dec 2020WP(C)/28174/2020

Case brief

AI extract

What is this about?

The High Court of Kerala disposed of a writ petition filed by a surety claiming liability reflection on his CIBIL score. The court directed the bank to consider the petitioner's representation regarding the Principal Debtors repayment capacity and to pass orders within one month.

What did the court decide?

The Writ Petition is disposed of directing the 2nd respondent to consider and pass orders on Ext.P4 representation within a period of one month from the date of receipt of a copy of the judgment.

C.S.Basheer Vs Kerala Gramin Bank — Contract and Commercial Disputes | Kerala HC (2020)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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THURSDAY, THE 17TH DAY OF DECEMBER 2020 / 26TH AGRAHAYANA, 1942

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WP(C).No.28174 OF 2020(V)

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PETITIONER:

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C.S.BASHEER

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AGED 68 YEARS S/O. SULAIMAN, SHINOJ NIVAS, KOONANKUZHY, PUNALUR691305.

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BY ADVS. SRI.P.B.SAHASRANAMAN SRI.T.S.HARIKUMAR

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RESPONDENTS:

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1 KERALA GRAMIN BANK REPRESENTED BY ITS GENERAL MANAGER, KGB TOWERS, AK ROAD, UPHILL, PB.NO. 10, MALAPPURAM - 676505,

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2 THE MANAGER KERALA GRAMIN BANK . CHAWKA ROAD, P.O. PUNALUR - 691305.

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R1 & R2 BY ADV.SRI.M.GOPIKRISHNAN NAMBIAR,SC

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17.12.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No.28174 OF 2020(V)

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JUDGMENT

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Dated this the 17^th day of December 2020

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The petitioner claims to be a surety for an

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Educational loan availed by one Mr.Davis Roshan Vinod in the year, 2010. It is stated that the principal debtor has sufficient properties and he

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is able to pay back the amount, but the

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respondent bank is not taking any action against him. Because of this the liability is reflected in the CIBIL score of petitioner, based on which, he is unable to avail any loan from any financial institution. Pointing out this, the petitioner has submitted Ext.P4 representation before the 2^nd respondent.

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The learned counsel for the respondents points out that surety is also jointly and

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severally liable for the loan availed.

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However, the learned counsel for the

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WP(C).No.28174 OF 2020(V)

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petitioner submits that the petitioner would be satisfied with a direction to the 2^nd respondent to consider Ext.P4 representation.

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Therefore, the Writ Petition is disposed of directing the 2^nd respondent to consider and pass orders on Ext.P4 representation within a period of one month from the date of receipt of a copy of the judgment.

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The Writ Petition is accordingly disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C).No.28174 OF 2020(V)

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APPENDIX

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE PHOTOSTAT COPY OF THE NOTICE SENT BY THE ADV. G.P RAVEENDRAN NAIR, FOR THE 2ND RESPONDENT, DATED 22.05.2017 TO THE PETITIONER AS WELL AS OTHERS. EXHIBIT P2 TRUE PHOTOSTAT COPY OF THE REVENUE RECOVERY NOTICE DATED 5.07.2017 ISSUED BY THE AUTHORISED OFFICER, PUNALUR. EXHIBIT P3 TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE STATE BANK OF INDIA, THIRUVANANTHAPURAM, DATED 21.02.2020. EXHIBIT P4 TRUE PHOTOSTAT COPY OF THE LETTER SENT BY THE PETITIONER TO THE 2ND RESPONDENT, DATED 20.03.2020.

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

C.S.Basheer v. Kerala Gramin Bank

Case brief

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C.S.Basheer v. Kerala Gramin Bank

Case brief

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