Saneesh K. @ Saneesh Kalathil vs Indusind Bank
2021 Latest Caselaw 22389 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
    TUESDAY, THE 9TH DAY OF NOVEMBER 2021 / 18TH KARTHIKA, 1943
                         WP(C) NO. 7107 OF 2021
PETITIONER:

          SANEESH K. @ SANEESH KALATHIL
          AGED 45 YEARS
          S/O. GOVINDAN, KALATHIL HOUSE, PALLIKKARA, NILESHWAR,
          KASARAGOD DISTRICT, PIN-560037, PROPRIETOR, M/S.
          KALATHIL AGENCIES, 2ND FLOOR, HILAL COMPLEX, KANHANGAD.

          BY ADV B.SAINU



RESPONDENTS:

    1     INDUSIND BANK
          INDUSIND MARKETING AND FINANCIAL SERVICES PVT. LTD.,
          FIRST FLOOR, SKM COMPLEX, STADIUM ROAD, CHERUPUZHA
          P.O., KANNUR DISTRICT, PIN-670511, REP. BY ITS BRANCH
          MANAGER.

    2     THE DIRECTOR,
          TRANS UNION CIBIL LIMITED, ONE INDIA BULLS CENTER,
          TOWER 2A, 19TH FLOOR, SENAPATI BAPAT MARG, ELPHINSTONE
          ROADS, MUMBAI-400013.

    3     THE FEDERAL BANK LIMITED,
          KANHANGAD BRANCH, GANESH TOWER, T.B.ROAD JUNCTION,
          KANHANGAD P.O., PIN-671315, REP. BY ITS BRANCH MANAGER.

          BY ADVS.
          SRI.VARGHESE C.KURIAKOSE -R1
          C.AJITH KUMAR - R2




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO.7107/2021
                                   2


                  P.V.KUNHIKRISHNAN, J
            -------------------------------
                 W.P.(C)No.7107 of 2021
           --------------------------------
      Dated this the 09th day of November 2021

                           JUDGMENT

The petitioner is aggrieved by a wrong entry

alleged to be entered in the credit details of

the petitioner by the 2nd respondent in their

site, which according to the petitioner creates

serious problems to him. According to the

petitioner, he was informed by the 3rd respondent

that there is an adverse entry in petitioner's

credit information maintained by the 2nd

respondent. The petitioner has been engaging in

the business of selling medical equipments for

the last 15 years and in order to establish his

business and start independently, he approached

the 3rd respondent for seeking financial

assistance under Mudra loan, a scheme as part of

Prime Ministers Employment Generation Programme. WP(C) NO.7107/2021

Because of the wrong entry in the CIBIL as

evident by Ext.P1, the petitioner is not getting

the financial assistance from the 3rd respondent.

Hence this writ petition is filed.

2. Heard the learned counsel for the

petitioner, the learned counsel appearing for the

2nd respondent and also the learned counsel

appearing for respondents 1 and 3.

3. As far as the 1st respondent is concerned,

it is submitted that there is no liability from

the petitioner towards the 1st respondent bank.

As far as the entry in Ext.P1 is concerned, the

learned counsel who appeared for the 2nd

respondent submitted that the entry to the effect

that "suit filed/wilful default:suit filed" is

already removed after getting report from the

bank concerned. The learned counsel also

submitted that, if the petitioner check the

website now, the above entry will not be there

and he can approach the 3rd respondent now.

4. In the changed circumstances, I think the WP(C) NO.7107/2021

petitioner can be allowed to approach the 3rd

respondent and the 3rd respondent can consider the

financial assistance to the petitioner, if he is

otherwise eligible.

Therefore, this writ petition is disposed in

the following manner:

(i) The submission of the 2nd respondent

that the entry in Ext.P1 against the petitioner

is already removed is recorded.

(ii) The petitioner is free to approach

the 3rd respondent for financial assistance as per

Mudra Scheme under the Prime Ministers Employment

Generation Programme.

(iii) If such an application is received

from the petitioner, the 3rd respondent will

consider the same and take appropriate decision

in it, if it is otherwise in order and he is

eligible.

Sd/-

P.V.KUNHIKRISHNAN JUDGE

DM WP(C) NO.7107/2021

APPENDIX OF WP(C) 7107/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE PETITIONER'S ACCOUNT MAINTAINED BY THE 2ND RESPONDENT IN THEIR WEBSITE.

EXHIBIT P2 TRUE COPY OF THE NOC AS WELL AS STATEMENT OF ACCOUNTS.

EXHIBIT P3 TRUE COPY OF REJECTION LETTER ISSUED BY THE 3RD RESPONDENT BANK DATED 27.1.2021 TO THE PETITIONER.

RESPONDENTS EXHIBITS : NIL

//TRUE COPY//

PA TO JUDGE