Jimson Titus vs The Chief Manager

Citation : 2021 Latest Caselaw 12696 Ker
Judgement Date : 2 June, 2021

Kerala High Court
Jimson Titus vs The Chief Manager on 2 June, 2021
         IN THE HIGH COURT OF KERALA AT ERNAKULAM
                         PRESENT
           THE HONOURABLE MR.JUSTICE N.NAGARESH
  WEDNESDAY, THE 2ND DAY OF JUNE 2021/12TH JYAISHTA, 1943
                  WP(C) NO. 6646 OF 2021


PETITIONERS:

    1    JIMSON TITUS, S/O. TITUS,
         AGED 20 YEARS, THANNIPPILLY HOUSE,
         NADATHARA P.O., MINOR ROAD, 680 751.

    2    TITUS T.A., S/O. ANTHAPPAN,
         AGED 55 YEARS, THANNIPPILLY HOUSE,
         NADATHARA P.O., MINOR ROAD, 680 751.

    3    JESSY TITUS, W/O. TITUS,
         AGED 50 YEARS, THANNIPPILLY HOUSE,
         NADATHARA P.O., MINOR ROAD, 680 751.

         BY ADVS.
         SHERRY J. THOMAS
         SHRI.JOSEPH C.V.(CHELAKKATT)


RESPONDENTS:

    1    THE CHIEF MANAGER, BANK OF BARODA,
         THRISSUR BRANCH, THIRUVAMBADY
         DEVASWOM BUILDING, ROUND WEST,
         THRISSUR, KERALA 680 001.

    2    THE GENERAL MANAGER,
         RESERVE BANK OF INDIA,
         REGIONAL OFFICE, BANERJI ROAD,
         ERNAKULAM NORTH, KALOOR,
         ERNAKULAM 682 018.

         R1 BY ADV SRI.LEO GEORGE

     THIS WRIT PETITION (CIVIL) HAVING COME UP          FOR
ADMISSION ON 02.06.2021, THE COURT ON THE SAME          DAY
DELIVERED THE FOLLOWING:
 WP(C) No.6646/2021
                                     :2 :




                         JUDGMENT

~~~~~~~~~ Dated this the 2nd day of June, 2021 The 1st petitioner obtained admission in Medical Institute of Petro Mohyla Black Sea National University at Ukraine for MBBS. `19.2 lakhs is the total fee for the Course. The petitioners approached the 1 st respondent seeking `7 lakhs as Educational Loan. No collateral security is required for Educational Loans up to `7.50 lakhs, contends the petitioner. However, the 1st respondent-Bank is not sanctioning the loan. The petitioners therefore seek to direct the 1st respondent to process Ext.P3 loan application.

2. The learned Standing Counsel for the 1 st respondent would submit that the Bank can consider the loan application only if the petitioners can establish that they have sufficient fund to remit the entire course fee to the educational institution. If the petitioners satisfy all requisite conditions, the WP(C) No.6646/2021 :3 : Bank will consider their loan application.

3. Heard the learned counsel for the petitioners and the learned Standing Counsel for the respondents. In view of the nature of relief being granted to the petitioners, notice to the 2nd respondent is being dispensed with.

In view of the submissions made as above, the writ petition is disposed of directing the 1 st respondent to process Ext.P3 loan application submitted by the petitioners in the light of relevant RBI norms and the rules of the 1 st respondent. A final decision shall be taken in the matter within a period of three weeks and communicated to the petitioners.

Sd/-

N. NAGARESH, JUDGE aks/04.06.2021 WP(C) No.6646/2021 :4 : APPENDIX PETITIONERS' EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE ADMISSION LETTER FROM THE PETRO MOHYLA BLACK SEA NATIONAL UNIVERSITY, AT UKRAINE DATED 28.8.2020.

EXHIBIT P2 THE TRUE COPY OF THE BROCHURE OF THE DETAILS OF THE BARODA EDUCATION LOAN PUBLISHED BY THE 1ST RESPONDENT BANK. EXHIBIT P3 THE TRUE COPY OF THE EDUCATIONAL LOAN APPLICATION FROM SUBMITTED BEFORE THE 1ST RESPONDENT DATED 20.1.2021.

EXHIBIT P4 THE TRUE COPY OF THE TUITION FEE DETAILS.

EXHIBIT P5 THE TRUE COPY OF THE ACCOUNT DETAILS OF THE PETITIONERS.

EXHIBIT P6 THE TRUE COPY OF THE LETTER FROM 1ST RESPONDENT BANK DATED 3.3.2021.

ncd