Disposed

Devika S v. Union of India

Kerala HC25 Jan 2023WP(C)/635/2023

Case brief

AI extract

What is this about?

Petitioner, an MBA student, filed a writ petition seeking an education loan from the 4th respondent bank. The Court noted that the application had defects. The petitioner was granted liberty to submit a fresh application, with the bank directed to process it within one month.

What did the court decide?

Petitioner granted liberty to submit a fresh application to the bank. Bank directed to process the application within one month of receipt.

Devika S Vs Union of India — Consumer Protection | Kerala HC (2023)

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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 SHAJI P.CHALY

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WEDNESDAY, THE 25^TH DAY OF JANUARY 2023 / 5TH MAGHA, 1944 WP(C) NO. 635 OF 2023

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PETITIONER

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DEVIKA S AGED 22 YEARS, D/O SANTHOSH KUMAR SATHI NIVAS, KALLUMTHAZHAM.P.O, KOLLAM-691004, PIN - 691004 BY ADVS. R.KISHORE (KALLUMTHAZHAM) G.KIRAN AMAR S.R.

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RESPONDENTS

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1 UNION OF INDIA, TO BE REPRESENTED BY SECRETARY,DEPARTMENT OF ECONOMIC AFFAIRS, MINISTRY OF FINANCE, NORTH BLOCK, NEW DELHI-110001

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2 THE REGIONAL DIRECTOR RESERVE BANK OF INDIA, BAKERY JUNCTION, P.B NO.6507,THIRUVANANTHAPURAM - 695 033,

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3 THE DISTRICT COLLECTOR OFFICE OF THE DISTRICT COLLECTOR COLLECTORATE, KOLLAM-691013, PIN - 691013

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4 ZONAL MANAGER INDIAN BANK, VALANJAMBALAM, CHITTOOR ROAD COCHIN-682016

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5 BRANCH MANAGER INDIAN BANK, MUMTAZ ARCADE, NEAR JSM SUPER MARKET AYATHIL KOLLAM 691001., PIN - 691001 BY ADV S.MANU, DSGI FOR R1

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SRI.S.EASWARAN, SC FOR R4 AND R5

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WP(C).635/2023

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SMT.DEEPA.N. Sr.GP FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25.01.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).635/2023

SHAJI P.CHALY. J.

W.P.(C).635 of 2023

Dated : 25^th January, 2023

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JUDGMENT

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This writ petition is filed by the petitioner seeking the following reliefs :-

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(i) Issue a writ of mandamus or order or direction to the 4^th respondent to grant the educational loan to the petitioner within a time fixed by this Hon'ble Court.

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(ii) Issue a writ of mandamus or order or direction directing the 3^rd respondent to consider and pass orders on Ext.P5 representation filed by the petitioner in the interest of Justice. (iii) To grant other orders which this Hon'ble Court may deem fit and proper in the circumstances of the case.

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(iv) Petitioner also prays that this Hon'ble court may be pleased to dispense with the documents produced in the Vernacular language.

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Petitioner is a student pursuing her Master of Business Administration (MBA) with the Kochi Business School.

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The case projected by the petitioner is that, the Indian Bank issued a letter confirming an education loan and has also promised that they will provide education loan to the petitioner. Therefore, it is contended that the petitioner had joined the course expecting the education loan which was assured by the Indian Bank, Ayathil branch, Kollam. It is further pointed out

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WP(C).635/2023

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that the application submitted was through online; however, the loan is not released to the petitioner. Therefore, the petitioner seeks appropriate directions to the 4^th respondent/Bank.

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The learned Standing Counsel for the Bank, on instructions, submitted that on the application submitted by the petitioner's father, Bank has noted certain defects and directed to provide additional information with respect to the course. It is further submitted by the learned counsel for the Bank that, if a fresh application is submitted after curing all the defects noted by the Bank, it will be considered by the Bank at the earliest.

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Having heard the learned counsel for the petitioner and the learned Standing Counsel for the Bank, this writ petition is disposed of granting liberty to the petitioner to submit a proper application before the 4^th respondent/Bank and if any such application is received, it shall be processed by the Bank, at the earliest possible time, at any rate, within a period of one month from the date of receipt of the application.

Sd/-

SHAJI P.CHALY, Judge

Mrcs

WP(C).635/2023

APPENDIX OF WP(C) 635/2023

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PETITIONER EXHIBITS

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Exhibit:P1 THE TRUE COPY OF THE APPLICATION SUBMITTED THROUGH ONLINE PORTAL DATED 1ST JUNE 2022 Exhibit:P5 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 20TH AUGUST 2022 Exhibit:P2 THE TRUE COPY OF THE LETTER ISSUED BY THE KOCHI BUSINESS SCHOOL DATED 28.11.2022 NUMBERED AS KBS/CRSP/03/03 Exhibit:P3 THE TRUE COPY OF THE CIRCULAR ISSUED BY THE RBI DATED 28.04.2001 Exhibit:P4 THE TRUE COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP(C)10968/2020

Devika S v. Union of India

Case brief

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Devika S v. Union of India

Case brief

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