Joseph T.X vs The Secretary
2021 Latest Caselaw 20250 Ker

WP(C) NO. 10095 OF 2021            1



                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                  PRESENT
             THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
  THURSDAY, THE 30TH DAY OF SEPTEMBER 2021 / 8TH ASWINA, 1943
                          WP(C) NO. 10095 OF 2021
PETITIONER/S:

               JOSEPH T.X.
               AGED 50 YEARS
               PROPRIETOR, J B FABRICS, DOOR NO.67/9459, NEAR
               MERCHANTS UNION OFFICE, MARKET ROAD, ERNAKULAM-
               682035.

               BY ADVS.
               K.ANAND
               SRI.BENNY ANTONY PAREL



RESPONDENT/S:

      1        THE SECRETARY
               DEPARTMENT OF FINANCIAL SERVICES, MINISTRY OF
               FINANCE, 3RD FLOOR, JEEVAN DEEP BUILDING, SANSAD
               MARG, NEW DELHI-110001.

      2        THE GENERAL MANAGER,
               STATE BANK OF INDIA, LOCAL HEAD OFFICE, S.S.KOVIL
               ROAD, THAMPANOOR, THIRUVANANTHAPURAM-695001.

      3        THE ASSISTANT GENERAL MANAGER,
               STATE BANK OF INDIA, SME CENTRE ERNAKULAM, FIRST
               FLOOR, VANKARATH TOWERS, BYE-PASS JUNCTION,
               PADIVATTOM, ERNAKULAM-682024.

      4        THE CITYCORP MARUTI FINANCE LTD.,
               REP. BY ITS AUTHORIZED OFFICER, NO.45, G N CHETTY
               ROAD, T NAGAR, CHENNAI-600017.

      5        CREDIT INFORMATION BUREAU (INDIA) LTD. (CIBIL),
               REP. BY ITS MANAGING DIRECTOR AND CEO, ONE WORLD
               CENTRE, TOWER 2A, 19TH FLOOR, SENAPATI BAPAT MARG,
 WP(C) NO. 10095 OF 2021                 2


               ELPHINSTONE ROAD, MUMBAI-400013.

      6        THE MANAGER-CUSTOMER SERVICES SBI CARDS AND PAYMENT
               SERVICES LTD.,
               DLF INFINITY TOWERS, TOWER C, 12 FLOOR, BLOCK 2,
               BUILDING 3, DLF CYBER CITY, GURGAON-122002
               (HARYANA), INDIA.

      7        THE MANAGER - CUSTOMER SERVIES,
               SBI CARDS AND PAYMENT SERVICES LTD., 2ND FLOOR, CSI
               SHOPPING COMPLEX, BROADWAY, ERNAKULAM-682031.
               (RESPONDENT 7 DELETED AS PER ORDER DATED 23/07/2021
               IN.IA.1/21 IN WP(C) .)

               BY ADVS.
               SUDHINKUMAR K., CGC
               VISHNU R., R4
               SRI.C.AJITH KUMAR, SC (CIBIL)
               M.JITHESH MENON




       THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   30.09.2021,          THE   COURT   ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 WP(C) NO. 10095 OF 2021               3




                     P.V.KUNHIKRISHNAN, J
               --------------------------------------------
                   W.P.(C.) No.10095 of 2021
                  --------------------------------------
           Dated this the 30th day of September, 2021


                                 JUDGMENT

The above writ petition is filed with following prayers :

"i) To call for the records leading to Ext.P1, P2 and P 6 and quash the same by the issue of a Writ of Certiorari, or any other appropriate Writ, order or direction;

ii) To issue of a writ of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3 to further process the application dated 17.09.2020, submitted by the petitioner for 'Mudra' loan in the light of Ext. P3, P4, P5 and P 7 and sanction the loan to the petitioner forthwith;

iii) To issue of a writ of mandamus or any other appropriate writ, order or direction, commanding 5th respondent to initiate steps as envisaged under Section 21 of The Credit Information Companies (Regulation) Act, 2005 consequent to Ext. P3, P4 and

P7 and update the credit information of the petitioner showing that there is no outstanding dues to the 4th, 6th and 7th respondents.

AND

iv) To grant such other or further reliefs, as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case, including the cost of these proceedings."

2. The petitioner made an application for Mudra loan

before the 2nd and 3rd respondents. The Bank issued Exts.P1,

P2 and P6 communications stating that in the CIBIL report,

default of an auto loan and credit card facility is reflected and

hence, the application cannot be considered. The petitioner

produced Exts.P3 and P4 to show that both the alleged

defaulted loan has been settled even according to the

certificate issued by the authority concerned. Even then, the

2nd and 3rd respondents refused to process the loan

application. Hence, this writ petition is filed.

3. Today, when the matter came up for consideration,

the learned counsel for the 4th respondent submitted that the

total amount due from the petitioner to the 4 th respondent was

Rs.63,944/- and the Bank settled the account only for an

amount of Rs.24,000/-. The Bank submitted that, if the balance

amount of Rs.39,944/- is paid by the petitioner, necessary

intimation will be send to the 5th respondent to the effect that

the entire amount is cleared. Similarly, the 6th respondent also

submitted that an amount of Rs.13,899/- is due from the

petitioner and if the same is paid, the 6th respondent will do

the needful to inform the 5th respondent that there is no due

from the petitioner. The counsel for the 5th respondent

submitted that, if necessary informations are received from

the Banks, the CIBIL will do the needful to update their

records.

4. Since the petitioner is ready to deposit the amount

due to the 4th and 6th respondents, there can be a direction to

the 4th and 6th respondents to inform the same to the CIBIL

and CIBIL can take appropriate steps, in accordance to law,

within a time frame.

Therefore, this writ petition is disposed in the following

manner :

1) The petitioner is free to pay an amount of Rs.39,944/- to

the 4th respondent and an amount of Rs.13,899/- to the 6 th

respondent within three weeks from the date of receipt of

a copy of this judgment.

2) Once that amount is received, the 4th and 6th respondents

will inform the 5th respondent to update the CIBIL

records, within one week from the date of receipt of the

amount.

3) Once the intimation is received from the 4 th and 6th

respondent, the 5th respondent-CIBIL will update the

CIBIL records forthwith, at any rate, within one week

from the date of receipt of the intimation from the Banks

concerned.

4) Thereafter, the petitioner can approach the 2 nd and 3rd

respondents for processing his loan application.

SD/-

P.V.KUNHIKRISHNAN JUDGE SKS

APPENDIX OF WP(C) 10095/2021

PETITIONER EXHIBITS

EXHIBIT P1 TRUE COPY OF THE COMMUNICATION DATED 18.9.2020 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 18.1.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 TRUE COPY OF COMMUNICATION DATED 31.3.2008 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE RECEIPT NO.12885455 DATED 18.11.2008 ISSUED BY 'S B I CARDS".

EXHIBIT P5 TRUE COPY OF THE COMMUNICATION DATED 25.2.2021 ISSUED BY THE HON'BLE MINISTER OF STATE FOR FINANCE AND CORPORATE AFFAIRS, GOVERNMENT OF INDIA.

EXHIBIT P6 TRUE COPY OF THE COMMUNICATION DATED 20.3.2021 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P7 TRUE COPY OF THE E-MAIL WHICH HAS BEEN FORWARDED TO THE 5TH RESPONDENT.