IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
TUESDAY, THE 1ST DAY OF JUNE 2021/11TH JYAISHTA, 1943
WP(C) NO. 11642 OF 2021
PETITIONER:
0
VIDYA SIVARAMAN, D/O.K. SIVARAMAN,
'SREYAS', RAMATHERU NORTH,
PALLIKKUNNU P.O., KANNUR 670 004,
EMAIL - [email protected])
BY ADVS.
P.M.PAREETH
AASHIQUE AKTHAR HAJJIGOTHI
RESPONDENTS:
0
1 THE CATHOLIC SYRIAN BANK LTD.,
REGISTERED OFFICE THRISSUR,
REPRESENTED BY ITS BRANCH MANAGER,
AZHIKODE BRANCH, DOOR NO.216/6,
VANKULATHU VAYAL, AZHIKODE,
KANNUR 670 009
([email protected])
2 RESERVE BANK OF INDIA,
REPRESENTED BY ITS GOVERNOR,
6, SANSAD MARG AREA,
NEW DELHI - 110 001.
R1 BY ADV. SRI.MADHU RADHAKRISHNAN
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 01.06.2021, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) No.11642/2021
:2 :
JUDGMENT
~~~~~~~~~ Dated this the 1st day of June, 2021 The petitioner states that she availed an Education Loan of `18 lakhs from the 1st respondent-Bank. The loan was to be repaid in 156 instalments. The petitioner would state that the repayment commenced from 01.11.2017 and the petitioner remitted `6,81,000/-. The petitioner fell ill and she could not continue with the repayment promptly. The Bank granted extension for repayment from March, 2020 to August, 2020. Due to Covid-19 pandemic, the petitioner was not in a position to make monthly instalments at the rate of `40,000/- and hence requested the Bank to reschedule the loan repayment.
2. The Bank, however, declined to do so and informed the petitioner that the overdue will be deducted from Fixed Deposit offered as Guaranty. The petitioner would state that if WP(C) No.11642/2021 :3 : she gets a breathing time, she can clear the overdues and if the monthly instalment amount is reduced to `33,150/-, she will be able to repay the entire loan amount without default.
3. Heard the learned counsel for the petitioner and the learned Standing counsel for the 1 st respondent-Bank.
4. The learned Standing Counsel for the 1 st respondent-Bank stated that if the petitioner makes a fresh representation for such reliefs, the 1 st respondent can consider the same and take a decision as per rules and regulations.
In the circumstances, without making any adjudication on the claims made by the petitioner, the writ petition is disposed of directing the petitioner to file a fresh representation before the 1st respondent within a period of one week. If the petitioner makes the representation within one week, the 1st respondent shall consider the same and take a decision within a further period of one week and communicate the same to the petitioner. If the petitioner files representation within one week as directed above, the 1 st respondent shall WP(C) No.11642/2021 :4 : abstain from effecting any recovery from the deposit/s, till a decision is taken on the representation.
Sd/-
N. NAGARESH, JUDGE aks/02.06.2021 WP(C) No.11642/2021 :5 : APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1 THE TRUE PHOTOCOPY OF THE EDUCATION LOAN SANCTION LETTER DATED 08.09.2015 ISSUED BY THE RESPONDENT.
EXHIBIT P1(a) A TRUE PHOTOCOPY OF THE RECEIPT DATED 05.05.2021.
EXHIBIT P2 A TRUE PHOTOCOPY OF THE SUBMISSION DATED 19.05.2021 MADE BY THE PETITIONER BEFORE THE RESPONDENT.
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