Allowed

Rajesh S.Pillai v. Federal Bank

Kerala HC8 Dec 2021WP(C)/7325/2021

Case brief

AI extract

What is this about?

Petitioner sought mandatory writ directing Federal Bank and RBI to issue detailed loan account statements. Court allowed petition, directing bank to provide statements with interest details until DRT filing within three weeks.

What did the court decide?

Directed 1st respondent Bank to issue detailed bank account statement of all loan accounts of petitioner from 1.5.2015 to till date within three weeks, containing interest details till OA filing.

Rajesh S.Pillai Vs Federal Bank — Consumer Protection | Kerala HC (2021)

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WP(C) NO. 7325 OF 2021

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN

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WEDNESDAY, THE 8^TH DAY OF DECEMBER 2021 / 17TH AGRAHAYANA, 1943 WP(C) NO. 7325 OF 2021

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PETITIONER/S:

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RAJESH S.PILLAI AGED 50 YEARS S/O.SIVASAKARA PILLAI, RESIDING AT SREE MANGALAM, KIZHAKKEKARA, KOTTARAKARA P.O., KOLLAM DISTRICT PIN 691 506 BY ADVS. C.UNNIKRISHNAN (KOLLAM) SHRI.ANANDA PADMANABHAN SHRI.GAJENDRA SINGH RAJPUROHIT

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RESPONDENT/S:

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1 FEDERAL BANK STATUE BRANCH, FEDERAL TOWERS, MAHATHMA GANDHI ROAD, THIRUVANANTHAPURAM, KERALA 695 001, REP.BY ITS AUTHORISED OFFICER

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2 RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM PIN 695 033, REP.BY ITS REGIONAL DIRECTOR.

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BY ADVS. SUNIL SHANKER,SC VIDYA GANGADHARAN

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 7325 OF 2021

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P.V.KUNHIKRISHNAN, J

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W.P.(C.) No. 7325 of 2021

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Dated this the 8^th day of December, 2021

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JUDGMENT

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The above writ petition is filed with following prayers :

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“I. Issue a writ of Mandamus or any other writ directing and commanding the respondent No.1 to issue detailed bank account statement of all the loan accounts of the petitioner from 01.05.2015 to till date.

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II. Issue a writ of mandamus or any other writ commanding and directing the respondent No.2 to ensure that the 1st respondent bank issues the bank account statement to the petitioner from the period 01.05.2015 to till date.

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III. Issue a writ of certiorari or other appropriate writ, order or direction quashing Ext.P6.

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IV. Declare that the Ext.P6 is illegal and the 2nd respondent has jurisdiction to consider Ext.P5.

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V. Grant such other relief as this honourable Court may deem fit to grant in the facts and circumstances of the case.”

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The grievance of the petitioner is that the 1^st respondent is not issuing a detailed bank account statement of

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the loan account of the petitioner from 1.5.2015.

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The Standing Counsel, who appeared for the 1^st respondent submitted that a statement is filed. According to

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WP(C) NO. 7325 OF 2021 3

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the Standing Counsel, the account statement is already produced along with the OA, which is filed before the Debts Recovery Tribunal and the same is upto the date of filing of the OA. The counsel for the petitioner is not satisfied because according to the counsel, all the details are not there in the statement. Admittedly, the petitioner is the account holder and he is entitled his loan account statement from the Bank. Therefore, this writ petition can be disposed, directing the Bank to issue a statement forthwith.

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Therefore, this writ petition is allowed in the following

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manner :

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1. The 1^st respondent is directed to issue a detailed bank account statement of all loan accounts of the petitioner from 1.5.2015 to till date, as expeditiously as possible, at any rate, within three weeks from the date of receipt of a copy of this judgment.

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1. I make it clear that the statement should contain details of interest till OA is filed before the DRT and the remaining portion of the statement should contain all other transactions.

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SD/-

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P.V.KUNHIKRISHNAN

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JUDGE

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SKS

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WP(C) NO. 7325 OF 2021

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APPENDIX OF WP(C) 7325/2021

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PETITIONER EXHIBITS

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EXHIBIT P1 A TRUE COPY OF THE LOAN SANCTION LETTERS ISSUED BY THE RESPONDENT NO.1 EXHIBIT P2 A TRUE COPY OF THE SALE AND AUCTION NOTICES ISSUED BY THE RESPONDENT NO.1 EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED 9.11.2020 AND THE REPLY OF THE 1ST RESPONDENT TOWARDS THE REPRESENTATION DATED 12.11.2020 EXHIBIT P4 A TRUE COPY OF THE REPRESENTATION DATED 2.12.2020 AND THE REPLY OF THE 1ST RESPONDENT EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION MADE BY THE PETITIONER. EXHIBIT P6 A TRUE COY OF THE REPLY BY THE RESPONDENT NO.2

Rajesh S.Pillai v. Federal Bank

Case brief

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Rajesh S.Pillai v. Federal Bank

Case brief

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