Kerala High Court
Jaimon James vs Union Of India on 25 March, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.3817 OF 2021(B)
PETITIONER:
JAIMON JAMES
AGED 40 YEARS
S/O.JAMES, KIZHAKIYIL HOUSE, KOLLADU P.O.,
PANACHIKKADU, KOTTAYAM-686004.
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT, MINISTRY
OF FINANCE AND BANKING AFFAIRS, SANSAD MARG, NEW
DELHI-110001.
2 RESERVE BANK OF INDIA,
REGIONAL OFFICE, BAKERY JUNCTION, THIRUVANANTHAPURAM-
695033, REPRESENTED BY ITS REGIONAL DIRECTOR.
3 MUTHOOT VEHICLE AND ASSET FINANCE LTD.,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
MUTHOOT ROUND PLAZA, T.B.ROAD, KOTTAYAM-686001.
R1 BY SMT.O.M.SHALINA, CGC
R3 BY ADV. SRI.C.S.MANILAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, ALONG WITH WP(C).3848/2021(E), WP(C).3868/2021(G),
WP(C).3881/2021(I), WP(C).5328/2021(M), THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.3848 OF 2021(E)
PETITIONER:
GEORGE SEBASTIAN,
AGED 61 YEARS
S/O.A.J.SEBASTIAN, EDAYANTHARATHU HOUSE, THIDANADU
P.O., KONDOOR, KOTTAYAM-686 123.
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD
MARG, NEW DELHI-110 001.
2 RESERVE BANK OF INDIA,
REGIONAL OFFICE, BAKERY JUNCTION,
THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
REGIONAL DIRECTOR.
3 MUTHOOT VEHICLE AND ASSET FINANCE LTD.,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
MUTHOOT ROUND PLAZA, T.B. ROAD, KOTTAYAM-686 001.
R1 BY ADV. P.R.AJITH KUMAR, CGC
R3 BY ADV. SRI.C.S.MANILAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, ALONG WITH WP(C).3817/2021(B), WP(C).3868/2021(G),
WP(C).3881/2021(I), WP(C).5328/2021(M), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.3868 OF 2021(G)
PETITIONER:
ABDUL JABBAR T.A,
AGED 63 YEARS
S/O. RAZAK, THAVAKKAL HOUSE, S.H. MOUNT P.O,
NATTASSERRY, KOTTAYAM - 686006.
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD
MARG, NEW DELHI - 110001.
2 RESERVE BANK OF INDIA
REGIONAL OFFICE, BAKERY JUNCTION,
THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS
REGIONAL DIRECTOR.
3 MUTHOOT VEHICLE AND ASSET FINANCE LTD
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
MUTHOOT ROUND PLAZA, T.B ROAD, KOTTAYAM - 686001.
R1 BY ADV. P.R.AJITH KUMAR, CGC
R3 BY ADV. SRI.C.S.MANILAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, ALONG WITH WP(C).3817/2021(B), WP(C).3848/2021(E),
WP(C).3881/2021(I), WP(C).5328/2021(M), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
4
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.3881 OF 2021(I)
PETITIONER:
ABY JACOB
AGED 47 YEARS
S/O.JACOB BENJAMIN, KEERIKKATTU PUTHENPARAMBIL
HOUSE, MOOLAVATTOM P.O., PANACHIKAD, KOTTAYAM-686
012
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD
MARG, NEW DELHI-110 001
2 RESERVE BANK OF INDIA,
REGIONAL OFFICE, BAKERY JUNCTION,
THIRUVANANTHAPURAM-695 033, REPRESENTED BY ITS
REGIONAL DIRECTOR
3 MUTHOOT VEHICLE AND ASSET FINANCE LTD,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
MUTHOOT ROUND PLAZA, T.B.ROAD, KOTTAYAM-686 001
R1 BY ADV. P.R.AJITH KUMAR, CGC
R3 BY ADV. SRI.C.S.MANILAL
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, ALONG WITH WP(C).3817/2021(B), WP(C).3848/2021(E),
WP(C).3868/2021(G), WP(C).5328/2021(M), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 25TH DAY OF MARCH 2021 / 4TH CHAITHRA, 1943
WP(C).No.5328 OF 2021(M)
PETITIONER:
BIJU SEBASTIAN
AGED 45 YEARS
S/O.A.J. SEBASTIAN, ALWIN VILLA HOUSE, MUTTAMBALAM
P.O, KOTTAYAM - 686004.
BY ADV. SRI.V.A.VINOD
RESPONDENTS:
1 UNION OF INDIA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
MINISTRY OF FINANCE AND BANKING AFFAIRS, SANSAD
MARG, NEW DELHI - 110001.
2 RESERVE BANK OF INDIA
REGIONAL OFFICE, BAKERY JUNCTION,
THIRUVANANTHAPURAM - 695033, REPRESENTED BY ITS
REGIONAL DIRECTOR.
3 MUTHOOT VEHICLE AND ASSET FINANCE LTD,
REPRESENTED BY ITS BRANCH MANAGER, KOTTAYAM BRANCH,
MUTHOOT ROUND PLAZA, T.B.ROAD, KOTTAYAM - 686001.
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.03.2021, ALONG WITH WP(C).3817/2021(B), WP(C).3848/2021(E),
WP(C).3868/2021(G), WP(C).3881/2021(I), THE COURT ON THE SAME
DAY DELIVERED THE FOLLOWING:
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
6
JUDGMENT
[ WP(C)Nos.3817, 3848, 3868, 3881 & 5328 of 2021]
Dated this the 25th day of March 2021
In all these cases, petitioners have availed
vehicle loans from the 3rd respondent Bank. The
vehicles which are purchased availing the loan
are employed in the business of travel and
tourism. According to them, they had been making
the repayment till lock down was declared in
March, 2020 and thereafter they were unable to
make the payment. Even though they had approached
the 3rd respondent bank, they were not granted the
benefit of restructuring.
2. Heard the learned counsel appearing for
the petitioners and the learned Standing counsel
Adv.Sri.C.S.Manilal appearing for the 3rd
respondent.
3. The learned counsel for the petitioners
submitted that, subsequent to the filing of the
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
writ petition, the petitioners have approached
the respective branches of the bank and submitted
applications in the prescribed form.
4. If that be so, there shall be a
direction to the 3rd respondent to consider those
applications and to take appropriate action,
without further delay, taking note of the scheme
floated by the Reserve Bank of India, on account
of the outbreak of Covid-19 pandemic.
The writ petitions are accordingly disposed
of.
Sd/-
P.V.ASHA
JUDGE
DM
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
APPENDIX OF WP(C) 3817/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED
06.08.2020 ISSUED BY THE RESERVE BANK
OF INDIA.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE
REQUESTING RESTRUCTURING OF LOAN
ACCOUNT DATED 18.12.2020.
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
APPENDIX OF WP(C) 3848/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020
ISSUED BY THE RESERVE BANK OF INDIA.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING
RESTRUCTURING OF LOAN ACCOUNT DATED
03.12.2020.
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
APPENDIX OF WP(C) 3868/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020
ISSUED BY THE RESERVE BANK OF INDIA.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING
RESTRUCTURING OF LOAN ACCOUNT DATED
02.12.2020.
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
APPENDIX OF WP(C) 3881/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020
ISSUED BY THE RESERVE BANK OF INDIA
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING
RESTRUCTURING OF LOAN ACCOUNT DATED
11.12.2020
WP(C)Nos.3817, 3848, 3868,
3881, 5328 of 2021
APPENDIX OF WP(C) 5328/2021
PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE CIRCULAR DATED 06.08.2020
ISSUED BY THE RESERVE BANK OF INDIA.
EXHIBIT P2 TRUE COPY OF THE LAWYER NOTICE REQUESTING
RESTRUCTURING OF LOAN ACCOUNT DATED
30.12.2020.
EXHIBIT P2(A) TRUE COPY OF THE LAWYER NOTICE REQUESTING
RESTRUCTURING OF LOAN ACCOUNT DATED
30.12.2020.
RESPONDENTS EXHIBITS: NIL
//TRUE COPY//
PA TO JUDGE
