Disposed

K.E. Noushad v. Authorised Signatory

Kerala HC13 Jul 2023WP(C)/1857/2023

Case brief

AI extract

What is this about?

In a writ petition regarding adverse entries in CIBIL records due to past defaults, the High Court of Kerala did not directly recall the names from CIBIL. Instead, it directed the petitioner to submit representations to the lending institutions within two weeks. The Court held that the respondents would review these submissions and forward necessary requests to the 11th respondent (CIBIL) for corr

What did the court decide?

Petitioner directed to submit representations to respondents 1-10 within 2 weeks; said respondents directed to respond to CIBIL to remove entry within 1 month.

K.E. Noushad Vs Authorised Signatory — Consumer Protection | Kerala HC (2023)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT

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THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
THURSDAY, THE 13TH DAY OF JULY 2023 / 22ND ASHADHA, 1945
WP(C) NO. 1857 OF 2023

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PETITIONER/S:

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K.E. NOUSHAD
AGED 58 YEARS
RAJEENAS, PARIMADAM, NEW MAHE P.O., KANNUR., PIN
- 673311
BY ADVS.
I.DINESH MENON
L.RAJESH NARAYAN

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RESPONDENT/S:

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1 AUTHORISED SIGNATORY

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SOUTH INDIAN BANK LIMITED, HEAD OFFICE, T.B. ROAD, MISSION QUARTERS, THRISSUR., PIN - 680001

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2 THE AUTHORISED SIGNATORY HDFC BANK, ZONAL OFFICE, 3RD FLOOR, MONARCH, P.T. USHA ROAD, ERNAKULAM, KOCHI., PIN - 682024

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3 THE AUTHORISED SIGNATORY SUNDARAM FINANCE LIMITED, FIRST FLOOR, MONARCH, P.T. USHA ROAD, ERNAKULAM, KOCHI., PIN - 682011

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4 THE AUTHORISED SIGNATORY TATA CAPITAL FINANCIAL SERVICES LIMITED, GROUND FLOOR, JAIN TOWER 2, NH17, EDAPPALY, ERNAKULAM, KOCHI., PIN - 682024

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5 THE AUTHORISED SIGNATORY BAJAJ FINANCE LIMITED, DD TRADE TOWERS, KALOOR, ERNAKULAM, KOCHI., PIN - 682017

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6 THE AUTHORISED SIGNATORY DAIMLER FINANCIAL SERVICES INDIA PRIVATE LIMITED, 2 393 C, NH 47, NEAR KUNDANNOOR JUNCTION, MARADU, ERNAKULAM., PIN - 682304

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7 THE AUTHORISED SIGNATORY AXIS BANK LIMITED, 3RD FLOOR, CHICAGO PLAZA, RAJAJI ROAD, ERNAKULAM, KOCHI., PIN - 682035

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W.P.(C). No. 1857 of 2023

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8 THE AUTHORISED SIGNATORY THE AUTHORISED SIGNATORY, KOTAK MAHINDRA BANK LIMITED, M.G. ROAD, ERNAKULAM, KOCHI., PIN - 682035

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9 THE AUTHORISED SIGNATORY BMW INDIA FINANCIAL SERVICES PRIVATE LIMITED, ANGEL PLAZA, 23 649, A1 X77Q XCQ, CHITTOOR ROAD, VALANJAMBALAM, KOCHI., PIN - 682022

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10 INDIAN BANK AUTHORISED SIGNATORY, INDIAN BANK LIMITED X77Q XCQ, CHITTOOR ROAD, VALANJAMBALAM, KOCHI., PIN - 682016

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11 THE CREDIT INFORMATION BUREAU INDIA LIMITED. CIBIL, HOECHST HOUSE, 6TH FLOOR, 193 BACKBAY RECLAMATION, HARIMAN POINT, MUMBARI, REPRESENTED BY ITS AUTHORIZED SIGNATORY., PIN - 400021

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BY ADVS. Panicker V.P.K. P.V.SARITHA VENUGOPAL B.S.SURESH KUMAR Jeejan T C.Ajith Kumar N.P.RUKSANA(K/329/2015) ROHINI P.K.(K/000770/2020)

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON

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13.07.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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W.P.(C). No. 1857 of 2023

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P.V.KUNHIKRISHNAN, J.

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W.P.(C) No. 1857 of 2023

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Dated this the 13^th day of July, 2023

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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 in the nature of mandamus or any other appropriate order or direction commanding the respondents 1 to 10 to forthwith initiate steps to recall the name of the petitioner from the records maintained by the 11th respondent;

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(ii) Issue a writ in the nature of mandamus or any other appropriate order or direction commanding the 11th respondent to forthwith delete the name of the petitioner from the records maintained with it.

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(iii) To dispense the translation of vernacular documents.

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(iv) Pass such other orders as this Hon’ble Court deems fit in the facts and circumstances of the case.” (sic)

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The petitioner availed financial facility from respondent

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financial institutions. It is the case of the petitioner that the loan was

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being paid regularly but on account of Pandemic, there was some default in repayment. But ultimately, the loan was closed by the petitioner, after effecting payment of the entire dues, is the

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W.P.(C). No. 1857 of 2023

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submission. It is also the case of the petitioner that, as on today, there is no amount due from the petitioner to the financial institutions. The loan accounts have been closed and therefore, the petitioner is no longer a defaulter, is the submission. It is also stated that due to financial constraints, there were defaults in repaying which resulted in respondents 1 to 10 initiating steps to intimate the status of accounts to the 11^th respondent. Based on the information received from respondents 1 to 10, there are adverse entry maintained by the 11^th respondent. But it is the submission of the petitioner that, as on today, there are no amount due to respondents 1 to 10. But the name of the petitioner appears in the defaulter list maintained by the 11^th respondent. According to the petitioner this is an injustice. Hence this writ petition is filed.

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Heard the counsel for the petitioner and the counsel appearing for respondents.

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After hearing both sides, I am of the opinion that the petitioner has to submit separate representation before respondents 1

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to 10 for taking appropriate steps to remove the adverse entry in the

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W.P.(C). No. 1857 of 2023

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records of 11^th respondent and if such applications are received, respondents 1 to 10 will consider the same and if the submission of the petitioner is correct, necessary request will be forwarded to the 11^th respondent, in accordance with law.

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

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The petitioner will submit representations to respondents 1 to 10 narrating the grievance raised in this writ petition within two weeks from the date of receipt of a certified copy of this judgment.

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Once such a representation is received, respondents 1 to 10 will consider the same and take appropriate decision and intimate the decision to the petitioner and the 11^th respondent, in accordance with law, as expeditiously as possible, at any rate, within one month from the date of receipt of the representations.

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sd/-

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P.V.KUNHIKRISHNAN JUDGE

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das

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W.P.(C). No. 1857 of 2023

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APPENDIX OF WP(C) 1857/2023

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PETITIONER EXHIBITS
Exhibit P1TRUE COPY OF THE REPORT RECEIVED BY THE
PETITIONER DATED NIL.

K.E. Noushad v. Authorised Signatory

Case brief

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K.E. Noushad v. Authorised Signatory

Case brief

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