Rethish P vs Regional Director, Reserve Bank ...
2021 Latest Caselaw 22690 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
        THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
 FRIDAY, THE 19TH DAY OF NOVEMBER 2021 / 28TH KARTHIKA, 1943
                      WP(C) NO. 9673 OF 2021
PETITIONER:

            RETHISH P.
            AGED 56 YEARS
            S/O. P. KELU, 7/66, B6, AMARAVATHI COMPLEX, KANNUR
            ROAD, KOZHIKODE - 678 001.

            BY ADVS.
            A.S.DILEEP
            SHRI.P.BINOD
            SRI.P.S.MURALI
            SMT.SUSEELA DILEEP
            SRI.SUDEEP ARAVIND PANICKER

RESPONDENTS:

    1       REGIONAL DIRECTOR, RESERVE BANK OF INDIA
            BAKERY JUNCTION, THIRUVANANTHAPURAM - 695033.

    2       THE MANAGER
            TATA CAPITAL FINANCIAL SERVICE LTD., CITY MALL
            BUILDING, FIFTH FLOOR, YMCA, KOZHIKODE - 673 001.



     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION     ON   19.11.2021,    THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 W.P.(C).No.9673/2021

                                            2




                     P.V.KUNHIKRISHNAN, J.
                      --------------------------------
                     W.P.(C).No.9673 of 2021
               ----------------------------------------------
           Dated this the 19th day of November, 2021


                                JUDGMENT

This writ petition is filed with following prayers:

i. To issue a writ of Mandamus or other appropriate writ, direction or order directing the first respondent to consider Exhibit P7 representation of the petitioner expeditiously and issue suitable directions to the second respondent to consider and admit the petitioner's application for resolution and restructuring of his loan with them in terms of Exhibit P2 Circular issued by the Reserve Bank of India expeditiously.

ii. To grant such other relief and incidental reliefs as this Hon'ble Court may deem proper and necessary in the facts and circumstances of the case and to allow the writ petition.

2. When this writ petition came up for consideration,

the counsel for the petitioner submitted that he will be

satisfied if a direction is issued to the 1 st respondent to W.P.(C).No.9673/2021

consider Ext.P7 and till the consideration of Ext.P7

representation, coercive steps initiated by the 2nd respondent

is kept in abeyance.

3. When this writ petition came up for consideration

on 09.04.2021, this Court issued notice to the respondents.

Though notice is served on respondents 1 and 2, there is no

appearance.

4. Heard the counsel for the petitioner.

5. I think the limited prayer of the petitioner can be

allowed. There can be a direction to the 1st respondent to

consider Ext.P7 and till consideration of Ext.P7

representation, coercive steps can be kept in abeyance.

Therefore, this writ petition is disposed in the following

manner:

1. The 1st respondent is directed to consider

Ext.P7 representation, after giving an

opportunity of hearing to the petitioner, as

expeditiously as possible, at any rate, within

one month from the date of receipt of a copy of

this judgment. The hearing can be either

virtually or physically.

W.P.(C).No.9673/2021

2. Till final orders are passed in Ext.P7, all

recovery proceedings against the petitioner

from the side of the 2nd respondent are kept in

abeyance.

3. The petitioner will forward a copy of this

judgment along with a copy of this writ

petition to the 1st respondent for compliance.

sd/-

P.V.KUNHIKRISHNAN JV JUDGE W.P.(C).No.9673/2021

APPENDIX OF WP(C) 9673/2021

PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF LOAN SANCTION LETTER DATED 28.07.2018 ISSUED BY SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P2 TRUE COPY OF CIRCULAR RBI/2020-

21/16/DOR.NO.BP.BC/3/21.04.048/2020-21 DATED 06-AUG-2020 ISSUED BY THE RESERVE BANK OF INDIA.

EXHIBIT P3 TRUE COPY OF EMAIL DATED 30.12.2020 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT.

EXHIBIT P3(a) TRUE COPY OF LOAN RESTRUCTURING REQUEST SUBMITTED BY PETITIONER TO SECOND RESPONDENT DATED 30.12.2020 ATTACHED TO EXHIBIT P3 MAIL.

EXHIBIT P4 TRUE COPY OF MEDICAL REPORT DATED 05.03.2021 ISSUED BY MEITRA HOSPITAL TO THE PETITIONER.

EXHIBIT P5 TRUE COPY OF EMAIL DATED 21.02.2021 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER.

EXHIBIT P6 TRUE COPY OF LETTER DATED 10.03.2021 ISSUED BY THE PETITIONER TO THE SECOND RESPONDENT EXHIBIT P6(a) TRUE COPY OF POSTAL RECEIPT IN RESPECT OF EXHIBIT P6 LETTER SENT BY PETITIONER TO SECOND RESPONDENT. EXHIBIT P7 TRUE COPY OF LETTER DATED 19.03.2021 ISSUED BY THE PETITIONER TO THE FIRST RESPONDENT.

EXHIBIT P7(a) TRUE OF COPY OF POSTAL RECEIPT IN RESPECT OF EXHIBIT P7 LETTER SENT BY PETITIONER TO THE FIRST RESPONDENT.