Kerala High Court
Adv. Jeno N A vs The State Of Kerala on 12 April, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 12TH DAY OF APRIL 2024 / 23RD CHAITHRA, 1946
WP(C) NO. 39100 OF 2023
PETITIONER:
ADV. JENO N A, AGED 37 YEARS
S/O ANTONY NAYANKARA, NAYANKARA HOUSE, C R A 12
AYYANTHOLE, THRISSUR , KERALA, PIN - 680003
BY ADV ANJALI MENON
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF AGRICULTURE,
GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE KERALA STATE CIVIL SUPPLIES CORPORATION
REPRESENTED BY ITS MANAGING DIRECTOR, MAVELI BHAVAN,
GANDHI NAGAR ROAD, GANDHI NAGAR, KADAVANTHRA, ERNAKULAM,
PIN - 682020
3 CANARA BANK
REPRESENTED BY ITS BRANCH MANAGER, PARMEKAVU BRANCH,
PALACE ROAD, THRISSUR, KERALA, PIN - 680020
4 TRANS UNION CIBIL
REPRESENTED BY ITS MANAGING DIRECTOR ONE INDIABULLS
CENTRE, TOWER 2A-2B,19TH FLOOR, SENAPATI BAPAT MARG,
LOWER PAREL, MUMBAI, MAHARASHTRA, PIN - 400013
BY ADVS.
SANTHOSH PETER
Gopikrishnan Nambiar M
C.Ajith Kumar
SHRI.K.P.JAYACHANDRAN, ADDL. ADVOCATE GENERAL()
E.K.NANDAKUMAR (SR.)(N-23)
K.JOHN MATHAI(K/413/1984)
JOSON MANAVALAN(J-526)
KURYAN THOMAS(K/131/2003)
PAULOSE C. ABRAHAM(MAH/58/2006)
RAJA KANNAN(K/356/2008)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.04.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO.39100 of 2023
2
JUDGMENT
On the question whether the loans forced to be availed by persons like the petitioner from banks and financial institution on the strength of Paddy Receipt Sheet (PRS) issued by the SUPPLYCO has already been answered by this Court in the judgment in K.Sivanandan v. State of Kerala [WP(C)No.23267/2023].
2. Today, Sri.Santhosh Peter - learned Standing Counsel for the SUPPLYCO, submitted that his client has abided by the judgment in its letter and spirit and has in fact, closed the loan account involved in this case. He added that, therefore, he will not stand in the way of further orders being issued by this Court in favour of the petitioner.
3. Sri.Gopikrishnan Nambiar - learned Standing Counsel for the Canara Bank, also WP(C) NO.39100 of 2023 3 affirmed that the loan in question stands closed; and that his client has not issued any negative endorsement against the petitioner to the Credit Rating Agency.
4. Sri.C.Ajith Kumar - learned Standing Counsel for the 4th respondent, submitted that if this Court is so inclined, they are willing to reconsider the petitioner's credit rating dehors and disregarding the "PRS loan" in question, as also by expunging the default history recorded in favour of the petitioner, if any. He submitted that he is making these submissions solely because this Court has already declared that the persons like the petitioner cannot be responsible for the loans, which, in fact, ought to have been fully serviced by the SUPPLYCO. WP(C) NO.39100 of 2023 4 Taking note of the afore submissions, I dispose of this writ petition with the following directions:
a) I record the submissions of Sri.Santhosh Peter, made on behalf of the SUPPLYCO, that the loan in question in favour of the petitioner availed of from the Canara bank has been fully closed and that no liability subsists therein. I also record the submissions of Sri.Gopikrishnan Nambiar in affirmation on this.
b) Consequently, the 4th respondent - Agency will revise the credit rating of the petitioner, expunging any negative report relating to the "PRS loan" from the Canara Bank and disregarding and removing all entries with respect to default in it, if any. A final decision in compliance shall be issued to the petitioner and reflected in their online site, not later than one month WP(C) NO.39100 of 2023 5 from the date of receipt of a copy of this judgment.
Sd/-
DEVAN RAMACHANDRAN JUDGE SAS WP(C) NO.39100 of 2023 6 APPENDIX OF WP(C) 39100/2023 PETITIONER'S EXHIBITS:
Exhibit-P1 A TRUE COPY OF THE PRS RECEIPT ISSUED TO THE PETITIONER DATED 28.3.2023 Exhibit-P2 A TRUE COPY OF THE SCREENSHOT OF THE CREDIT SCORE OF THE PETITIONER ON 21.4.2020 Exhibit-P3 A TRUE COPY OF THE CONSUMER INFORMATION REPORT DATED 1.11.2023 GIVEN BY THE 4TH RESPONDENT Exhibit-P4 A TRUE COPY OF THE COMPLAINT DATED 26.10.2023 SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT Exhibit-P5 A TRUE COPY OF THE STATEMENT OF ACCOUNT FOR THE PERIOD OF 1.5.2023 TO 2.11.2023 FOR GENERAL AND AGRI ADVANCES MAINTAINED WITH THE 3RD RESPONDENT BANK Exhibit-P6 A A TRUE COPY OF THE ACCOUNT STATEMENT OF THE PETITIONER FOR THE PERIOD OF 7.5.2023 TO 6.11.2023 Exhibit-P7 A TRUE COPY OF THE COMMUNICATION DATED 2.11.23 SENT BY THE 3RD RESPONDENT TO THE AGM, CANARA BANK Exhibit-P8 A TRUE COPY OF THE NO DUE LETTER ISSUED BY THE 3RD RESPONDENT DATED 01-11-2023 RESPONDENTS' EXHIBITS:
Exhibit R3 (a) TRUE COPY OF THE MOU DATED 22.05.2023 Exhibit R3 (b) TRUE COPY OF THE LOAN APPLICATION DATED 08.06.2023 SUBMITTED BY THE PETITIONER Exhibit R3 (c) TRUE COPY OF THE SANCTION MEMORANDUM AND LOAN AGREEMENT DATED 08.06.2023 Exhibit R3 (d) TRUE COPY OF THE RBI DIRECTIVE DATED 15.01.2015 Exhibit R3 (e) TRUE COPY OF THE RBI DIRECTIVE DATED 19.12.2017 Exhibit R3 (f) TRUE COPY OF THE CREDIT INFORMATION REPORT OF THE PETITIONER DATED 20.11.2023