Allowed

Rethish P. v. Regional Director, Reserve Bank of India

Kerala HC19 Nov 2021WP(C)/9673/2021

Case brief

AI extract

What is this about?

In this writ petition, the court directed the Reserve Bank of India to consider the petitioner's representation on loan restructuring and kept the respondent bank's recovery proceedings in abeyance pending the outcome.

What did the court decide?

Direction to first respondent to consider petitioner's representation within one month; recovery proceedings by second respondent to be kept in abeyance.

Rethish P. Vs Regional Director, Reserve Bank 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 MR. JUSTICE P.V.KUNHIKRISHNAN

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FRIDAY, THE 19^TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943 WP(C) NO. 9673 OF 2021

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PETITIONER:

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RETHISH P. AGED 56 YEARS S/O. P. KELU, 7/66, B6, AMARAVATHI COMPLEX, KANNUR ROAD, KOZHIKODE - 678 001.

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BY ADVS. A.S.DILEEP SHRI.P.BINOD SRI.P.S.MURALI SMT.SUSEELA DILEEP SRI.SUDEEP ARAVIND PANICKER

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RESPONDENTS:

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1 REGIONAL DIRECTOR, RESERVE BANK OF INDIA BAKERY JUNCTION, THIRUVANANTHAPURAM – 695033.

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2 THE MANAGER TATA CAPITAL FINANCIAL SERVICE LTD., CITY MALL BUILDING, FIFTH FLOOR, YMCA, KOZHIKODE - 673 001.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C).No.9673/2021

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P.V.KUNHIKRISHNAN, J.

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W.P.(C).No.9673 of 2021

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---------------------------------------------Dated this the 19^th day of November, 2021

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JUDGMENT

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This writ petition is filed with following prayers:

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i. To issue a writ of Mandamus or other appropriate writ, direction or order directing the first respondent to consider Exhibit P7 representation of the petitioner expeditiously and issue suitable directions to the second respondent to consider and admit the petitioner's application for resolution and restructuring of his loan with them in terms of Exhibit P2 Circular issued by the Reserve Bank of India expeditiously.

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ii. To grant such other relief and incidental reliefs as this Hon'ble Court may deem proper and necessary in the facts and circumstances of the case and to allow the writ petition.

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When this writ petition came up for consideration,

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the counsel for the petitioner submitted that he will be satisfied if a direction is issued to the 1^st respondent to

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W.P.(C).No.9673/2021

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consider Ext.P7 and till the consideration of Ext.P7 representation, coercive steps initiated by the 2^nd respondent is kept in abeyance.

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When this writ petition came up for consideration on 09.04.2021, this Court issued notice to the respondents. Though notice is served on respondents 1 and 2, there is no appearance.

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Heard the counsel for the petitioner.

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I think the limited prayer of the petitioner can be

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allowed. There can be a direction to the 1^st respondent to consider Ext.P7 and till consideration of Ext.P7 representation, coercive steps can be kept in abeyance.

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Therefore, this writ petition is disposed in the following manner:

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The 1^st respondent is directed to consider Ext.P7 representation, after giving an opportunity of hearing to the petitioner, as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment. The hearing can be either virtually or physically.

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W.P.(C).No.9673/2021

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Till final orders are passed in Ext.P7, all recovery proceedings against the petitioner from the side of the 2^nd respondent are kept in abeyance.

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The petitioner will forward a copy of this judgment along with a copy of this writ petition to the 1^st respondent for compliance.

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sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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W.P.(C).No.9673/2021

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APPENDIX OF WP(C) 9673/2021

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PETITION	ER EXHIB	ITS
EXHIBIT	P1	TRUE COPY OF LOAN SANCTION LETTER DATED 28.07.2018 ISSUED BY SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT	P2	TRUE COPY OF CIRCULAR RBI/2020- 21/16/DOR.NO.BP.BC/3/21.04.048/2020-21 DATED 06-AUG-2020 ISSUED BY THE RESERVE BANK OF INDIA.
EXHIBIT	P3	TRUE COPY OF EMAIL DATED 30.12.2020 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT.
EXHIBIT	P3(a)	TRUE COPY OF LOAN RESTRUCTURING REQUEST SUBMITTED BY PETITIONER TO SECOND RESPONDENT DATED 30.12.2020 ATTACHED TO EXHIBIT P3 MAIL.
EXHIBIT	P4	TRUE COPY OF MEDICAL REPORT DATED 05.03.2021 ISSUED BY MEITRA HOSPITAL TO THE PETITIONER.
EXHIBIT	P5	TRUE COPY OF EMAIL DATED 21.02.2021 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.
EXHIBIT	P6	TRUE COPY OF LETTER DATED 10.03.2021 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT
EXHIBIT	P6(a)	TRUE COPY OF POSTAL RECEIPT IN RESPECT OF EXHIBIT P6 LETTER SENT BY PETITIONER TO SECOND RESPONDENT.
EXHIBIT	P7	TRUE COPY OF LETTER DATED 19.03.2021 ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT.
EXHIBIT	P7(a)	TRUE OF COPY OF POSTAL RECEIPT IN RESPECT OF EXHIBIT P7 LETTER SENT BY PETITIONER TO THE FIRST RESPONDENT.

Rethish P. v. Regional Director, Reserve Bank of India

Case brief

What is this about?

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Rethish P. v. Regional Director, Reserve Bank of India

Case brief

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