Vidya Sivaraman vs Catholic Syrian Bank Ltd
2021 Latest Caselaw 12665 Ker

          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

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

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

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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