Disposed

Jaimon James v. Union of India

Kerala HC23 Mar 2021WP(C)/2558/2021

Case brief

AI extract

What is this about?

The Court disposed of four writ petitions filed by vehicle loan borrowers seeking restructuring under an RBI scheme. Noting the unavailability of the application link, the Court directed the bank to consider outstanding requests and notify decisions within one month.

What did the court decide?

Direct the 3rd respondent Bank to consider pending applications for restructuring and communicate a decision within one month.

Jaimon James Vs Union of India — Banking and Recovery | Kerala HC (2021)

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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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TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

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WP(C).No.2558 OF 2021(T)

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PETITIONER:

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JAIMON JAMES AGED 40 YEARS S/O JAMES,KUZHAKIYIL HOUSE, KOLLADU.P.O, PANCHIKKADU, KOTTAYAM-686004.

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BY ADV. SRI.V.A.VINOD

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT,MINISTRY OF FINANCE AND BANKING AFFAIRS,SANSAD MARG,NEW DELHI--110001.

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2 RESERVE BANK OF INDIA, REGIONAL OFFICE,BAKERYJUNCTION, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS REGIONAL DIRECTOR.

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3 HDFC BANK LTD, REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,FIRST FLOOR, VETTOOR BUILDING,OPP-PUBLIC LIBRARY, SASTHRI ROAD,KOTTAYAM-686001.

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R3 BY ADV. SRI.PREMCHAND M.

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SRI.P.BINNY JOSEPH,SC,RBI,ASGI .SRI.P.VIJAYAKUMAR

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2573/2021(V), WP(C).2628/2021(C), WP(C).2630/2021(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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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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TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

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WP(C).No.2573 OF 2021(V)

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PETITIONER:

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ABDUL JABBAR T.A AGED 63 YEARS S/O. RAZAK, THAVAKKAL HOUSE, S.H.MOUNT P.O, NATTASSERRY, KOTTAYAM - 686006.

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BY ADV. SRI.V.A.VINOD

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RESPONDENTS:

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1 UNION OF INDIA

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REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD MARG, NEW DELHI - 110001.

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2 RESERVE BANK OF INDIA REGIONAL OFFICE, BAKERY JUNCTION, THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS REGIONAL DIRECTOR.

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3 HDFC BANK LTD

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REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH, FIRST FLOOR, VETTOOR BUILDING, OPP.PUBLIC LIBRARY, SASTHRI ROAD, KOTTAYAM - 686001.

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R3 BY ADV. SRI.PREMCHAND M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2558/2021(T), WP(C).2628/2021(C), WP(C).2630/2021(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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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

¶39

TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

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WP(C).No.2628 OF 2021(C)

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PETITIONER:

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JOBIN JOSE

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AGED 39 YEARS S/O JOSE V JOSE,CHAMPAKULATHIL HOUSE, PERUMBAIKADU.P.O,KOTTAYAM-686016.

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BY ADV. SRI.V.A.VINOD

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT,MINISTRY OF FINANCE AND BANKING AFFAIRS,SANSAD MARG,NEW DELHI-110001.

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2 RESERVE BANK OF INDIA, REGIONAL OFFICE,BAKERY JUNCTION, THIRUVANANTHAPURAM-695033, REPRESENTED BY ITS REGIONAL DIRECTOR.

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3 HDFC BANK LTD, REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,FIRST FLOOR, VETTOOR BUILDING,OPP-PUBLIC LIBRARY, SASTHRI ROAD,KOTTAYAM-686001.

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R3 BY ADV. SRI.PREMCHAND M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2558/2021(T), WP(C).2573/2021(V), WP(C).2630/2021(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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¶53

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶54

PRESENT

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THE HONOURABLE SMT. JUSTICE P.V.ASHA

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TUESDAY, THE 23RD DAY OF MARCH 2021 / 2ND CHAITHRA, 1943

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WP(C).No.2630 OF 2021(C)

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PETITIONERS:

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1 ABY JACOB

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AGED 47 YEARS S/O. JACOB BENJAMIN, KEERIKKATTU, PUTHENPARAMBIL HOUSE, MOOLAVATTOM P.O., PANACHIKAD, KOTTAYAM-686 012

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2 SUSAN ABY, AGED 38 YEARS

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W/O.ABY JACOB, KEERIKKATTU PUTHENPARAMBIL HOUSE, MOOLAVATTOM P.O., PANACHIKAD, KOTTAYAM-686 012.

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BY ADV. SRI.V.A.VINOD

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RESPONDENTS:

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1 UNION OF INDIA REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD MARG, NEW DELHI-110 001

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2 RESERVE BANK OF INDIA, REGIONAL OFFICE, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS REGIONAL DIRECTOR

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3 HDFC BANK LTD, REPRESENTED BY ITS BRANCH MANAGER,KOTTAYAM BRANCH, FIRST FLOOR, VETTOOR BUILDING, OPP PUBLIC LIBRARY, SASTHRI ROAD, KOTTAYAM-686 001

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R1 BY SRI.K.SHRI HARI RAO, CGC R3 BY ADV. SRI.PREMCHAND M.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.03.2021, ALONG WITH WP(C).2558/2021(T), WP(C).2573/2021(V), WP(C).2628/2021(C), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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JUDGMENT

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[ WP(C)Nos.2558/2021, 2573/2021, 2628/2021, and 2630/2021 ]

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Dated this the 23^rd day of March 2021

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In all these cases, petitioners have

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availed vehicle loans from the 3^rd

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respondent Bank. The vehicles which are purchased availing the loan are employed

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in the business of travel and tourism.

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Their grievance is that the benefit of restructuring provided under Ext.P1 scheme is not extended to them, though

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they have submitted applications in the SMS link made available to them by the 3^rd respondent Bank. The writ petitions were filed after issuing a lawyer notice to

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the 3^rd respondent Bank demanding extension of the benefits or re-

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scheduling of repayment of loan.

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Heard Sri.V.A. Vinod, the learned

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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counsel appearing for the petitioner and

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Sri.M.Prem Chand, the learned Standing

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counsel appearing for the 3^rd respondent.

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appearing for the 3^rd respondent Bank

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submitted that, the bank did not receive

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any application from the petitioners in

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Writ Petition Nos.2558/2021 and

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2573/2021. In the case of petitioners in Writ Petition Nos.2628/2021 and

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2630/2021, it is stated that the Bank has already rejected the applications. It is also pointed out that the link which was available for the purpose of processing

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the application for benefits under P1 scheme/submitting application for

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restructuring is no longer available.

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The case of the petitioners is

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that, till the lock down was imposed in March, 2020 they were making the

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repayment regularly. Even though the

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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benefit of moratorium has been granted to the petitioners, they find it difficult to make the repayment and therefore they have requested for restructuring, in the light of Ext.P1 scheme.

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As it is stated that the link for

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the purpose of processing the application of the petitioners for benefits under the scheme is no longer available, it is only appropriate that petitioners submit their applications before the Bank, which the Bank will have to consider the same, taking a lenient view, taking note of the benefits which were admissible under Ext

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P1 scheme which was floated by the Reserve Bank of India, the benefit of

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which is not extended to the petitioners.

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their applications along with a copy of the judgment within a period of two weeks, the 3^rd respondent Bank shall take

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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appropriate action on it within a further period of one month and communicate the decision accordingly within the time limit.

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The writ petitions are accordingly disposed of.

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Sd/P.V.ASHA JUDGE

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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APPENDIX OF WP(C) 2558/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020 ISSUED BY THE RESERVE BANK OF INDIA

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EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING RESTRUCTURING OF LOAN ACCOUNT DATED 18.12.2020

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EXHIBIT P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER DATED 20.01.2021.

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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APPENDIX OF WP(C) 2573/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020 ISSUED BY THE RESERVE BANK OF INDIA EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING RESTRUCTURING OF LOAN ACCOUNT DATED 02.12.2020. EXHIBIT P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER DATED 20.01.2021.

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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APPENDIX OF WP(C) 2628/2021

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PETITIONER'S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020 ISSUED BY THE RESERVE BANK OF INDIA. EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING RESTRUCTURING OF LOAN ACCOUNT DATED 02.12.2020 EXHIBIT P3 TRUE COPY OF THE REQUEST GIVEN BY THE PETITIONER DATED 20.01.2021.

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WP(C) Nos.2558/2021, 2573/2021, 2628/2021 and 2630/2021

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APPENDIX OF WP(C) 2630/2021

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PETITIONERS EXHIBITS:

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EXHIBIT P1	TRUE COPY OF THE ISSUED BY THE RES	CIRCULAR DATED 06.08.2020 ERVE BANK OF INDIA
EXHIBIT P2	TRUE COPY OF THE RESTRUCTURING OF 11.12.2020	LAWYER NOTICE REQUESTING LOAN ACCOUNT DATED
EXHIBIT P2A	TRUE COPY OF THE RESTRUCTURING OF 11.12.2020	LAWYER NOTICE REQUESTING LOAN ACCOUNT DATED
EXHIBIT P3	TRUE COPY OF THE PETITIONER DATED	REQUEST GIVEN BY THE 1ST 20.01.2021
EXHIBIT P3A	TRUE COPY OF THE PETITIONER DATED	REQUEST GIVEN BY THE 2ND 20.01.2021

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RESPONDENTS EXHIBITS: NIL

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//TRUE COPY//

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PA TO JUDGE

Jaimon James v. Union of India

Case brief

What is this about?

What did the court decide?

Jaimon James v. Union of India

Case brief

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