Kerala High Court
Sajeed V.M vs The Reserve Bank Of India Represented By ... on 23 February, 2024
Author: Devan Ramachandran
Bench: Devan Ramachandran
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 42469 OF 2023
PETITIONER:
SAJEED.V.M.
AGED 52 YEARS
S/O MOOSAKUTTY, PUTHIYAPUNNATHARA HOUSE, POOCHACKAL P.O
PALIAVALLY, CHERTHALA, ALAPPUZHA DISTRICT, PIN - 688526
BY ADVS.
P.DALBI EMMANUEL
G.ANANTHANARAYANAN
JOSMY P. THOMAS
SICILIAMMA C.V
RESPONDENTS:
1 THE RESERVE BANK OF INDIA
BRANCH OFFICE, P B.NO.6507, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA. REP BY BRANCH MANAGER., PIN
- 695033
2 THE BRANCH MANAGER
ICICI BANK LTD, EDAPPALLY BRANCH, EDAPPALLY P. O, PIN -
682024
3 THE DIRECTOR
TRAMS UNION CIBIL LIMITED, ONE INDIA BULLS CENTER,
TOWER #2A, 19TH FLOOR, SENAPATI BAPAT MARG, ELPHINSTONE
ROAD, MUMBAI, PIN - 400013
BY ADV C.Ajith Kumar
OTHER PRESENT:
SRIL LAL K.JOSEPH, FOR R2
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
23.02.2024, ALONG WITH WP(C).863/2024, 2363/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
WP(C) Nos.42469/2023, 863/2024, 2363/2024
2
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 863 OF 2024
PETITIONER:
SAJEED.V.M
AGED 52 YEARS
S/O MOOSAKUTTY, PUTHIYAPUNNATHARA, POOCHACKAL
P.O, PANAVALLY, CHERTHALA, ALAPPUZHA DISTRICT.,
PIN - 688526
BY ADVS.
P.DALBI EMMANUEL
G.ANANTHANARAYANAN
JOSMY P. THOMAS
RESPONDENTS:
1 THE RESERVE BANK OF INDIA
REPRESENTED BY BRANCH MANAGER BRANCH OFFICE,
P.B.NO.6507, NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA ., PIN - 695033
2 THE BRANCH MANAGER
INDIA BULLS HOUSING FINANCE LTD, SAI KRISHNA
BUILDING, GROUND FLOOR, PMG JUNCTION,
THIRUVANANTHAPURAM, PIN - 695033
3 THE DIRECTOR
TRANS UNION CIBIL LIMITED, ONE INDIA BULLS
CENTER, TOWER #2A,19TH FLOOR, SENAPATI BAPAT
MARG, ELPHINSTONE ROAD, MUMBAI, PIN - 400013
BY ADV C.AJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2024, ALONG WITH WP(C).42469/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.42469/2023, 863/2024, 2363/2024
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
FRIDAY, THE 23RD DAY OF FEBRUARY 2024 / 4TH PHALGUNA, 1945
WP(C) NO. 2363 OF 2024
PETITIONER:
SAJEED V.M
AGED 52 YEARS
S/O MOOSAKUTTY, PUTHIYAPUNNATHARA, POOCHACKAL
P.O., PANAVALLY, CHERTHALA, ALAPPUZHA DISTRICT,
PIN - 688526
BY ADVS.
P.DALBI EMMANUEL
G.ANANTHANARAYANAN
JOSMY P. THOMAS
SUNIL C.G
SICILIAMMA C.V
RESPONDENTS:
1 THE RESERVE BANK OF INDIA REPRESENTED BY BRANCH
MANAGER
BRANCH OFFICE, P.B.NO.6507 , NANDAVANAM, PALAYAM,
THIRUVANANTHAPURAM, KERALA, PIN - 695033
2 THE BRANCH MANAGER
M/S. KOTAK MAHINDRA BANK LTD, KUMARAPILLAI
ESTATES, GROUND FLOOR, M.G. ROAD, KOCHI, PIN -
682035
3 THE DIRECTOR
TRANSUNION CIBIL LIMITED, ONE INDIA BULLS CENTER,
TOWER #2A, 19TH FLOOR, SENAPATI BAPAT MARG,
ELPHINSTONE ROAD, MUMBAI, PIN - 400013
BY ADV C.AJITH KUMAR
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.02.2024, ALONG WITH WP(C).42469/2023 AND
CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) Nos.42469/2023, 863/2024, 2363/2024
4
DEVAN RAMACHANDRAN, J.
-------------------
W.P.(C) Nos.42469/2023, 863/2024, 2363/2024
---------------------------
Dated this the 23rd day of February, 2024
JUDGMENT
All the above three writ petitions are filed by the same
petitioner, namely, Sri.Sajeed V.M.
2. The petitioner's singular plea is that his credit
rating, maintained by "Transunion CIBIL Limited", be
ordered to be rectified, since the adverse entries therein-
relating to loan accounts availed off by him from various
Institutions - have been settled honourably. He thus prays
that the afore mentioned "Transunion CIBIL Limited" be
directed to do so, within a time frame to be fixed by this
Court.
3. Sri.C.Ajith Kumar - the learned Standing Counsel
for "Transunion CIBIL Limited", affirmed that, in W.P.(c)
No.42469/2023, an adverse entry has been reported by the
ICICI Bank Ltd, wherein, they have stated that the loan in
question had been written off by them; while, in W.P.(c)
No.863/2024, the relevant adverse entry has been made by
WP(C) Nos.42469/2023, 863/2024, 2363/2024
the 2nd respondent - "India Bulls Housing Finance Ltd", to
the effect that the loan availed from them was "settled" by
the petitioner. He added that, as regards W.P.(C)
No.2363/2024, the adverse entry was on account of the
information supplied by "Kotak Mahindra Bank Ltd", to the
effect that the loan taken earlier by the petitioner had been
"written off". He submitted that, therefore, his client has
addressed necessary letters to each of these Financial
Institutions, asking them to offer their comments, on the
request of the petitioner for rectification of his credit rating;
but that, they have not responded until now. He concluded
saying that his client will, therefore, abide by any directions
to be issued by this Court.
4. Sri. Lal. K.Joseph - the learned Standing Counsel
for the 'ICICI Bank Ltd" - the respondent in W.P.(c)
No.42469/2023, submitted that he does not have
instructions as to how the loan account of the petitioner
had been closed; and therefore, prayed that, if this Court is
inclined to grant any relief to the petitioner, then the 3 rd
respondent - "Transunion CIBIL Limited" be ordered to
WP(C) Nos.42469/2023, 863/2024, 2363/2024
grant his client also an opportunity of being heard.
5. I notice from the files that this Court has not
issued summons to either "Kotak Mahindra Bank Ltd", or
"India Bulls Housing Finance Ltd". I am, however, of the
opinion that this Court will not be impeded from delivering
judgment in these matters, because of the directions that I
propose herein, which will not prejudice them in any
manner.
6. As I have already recorded above, it is the
specific submission of Sri.Ajith Kumar, learned Standing
Counsel for "Transunion CIBIL Limited", that even, though
his client had addressed each of the Financial Institutions
involved in these cases, they have not yet responded.
7. Obviously, therefore, it is only after receiving and
analysing the comments/version of the Financial
Institutions, can "Transunion CIBIL Limited" take any final
decision on the plea of the petitioner, particularly, adverting
to the manner in which the loan accounts had been closed.
8. In the afore circumstances, I allow these writ
petitions, directing the competent authority of the
WP(C) Nos.42469/2023, 863/2024, 2363/2024
"Transunion CIBIL Limited" to hear the petitioner, as also
the authorised officers of each of afore Financial
Institutions; and take a final decision on his afore claim, for
rectification of his Credit Rating, as per law.
9. The afore exercise shall be completed not later
than three months from the date of receipt of a copy of this
judgment.
10. I, however, reiteratingly clarified that I have not
entered into the merits of the any of the rival submissions;
and that they are all left open, to be decided appropriately
during the afore exercise.
11. It goes without saying that, if, in terms of the
afore directions, the "Transunion CIBIL Limited" is to notify
the Financial Institutions, and should they still refuse to
answer it, or to abide by, then it will upto it to take any
apposite decision, based on the available records, in terms
of the request of the petitioner.
Sd/-
DEVAN RAMACHANDRAN
JUDGE
bng
WP(C) Nos.42469/2023, 863/2024, 2363/2024
APPENDIX OF WP(C) 863/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NO DUES
CERTIFICATE DATED 30.07.2011 PREFERRED
BY THE 2ND RESPONDENT TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE NO DUES
CERTIFICATE DATED 18.01.2018
Exhibit P3 THE TRUE COPY OF THE REPRESENTATION
DATED 29.06.2021 PREFERRED BY THE
PETITIONER TO THE GRIEVANCE REDRESSAL
WING OF THE 2ND RESPONDENT
Exhibit P4 THE TRUE COPY OF THE REQUISITION DATED
12.12.2023 PREFERRED BY THE PETITIONER
TO THE 2ND RESPONDENT
Exhibit P5 THE TRUE COPY OF THE EMAIL DATED
20.12.2023 SENT BY THE GRIEVANCE WING
OF 2ND RESPONDENT TO THE PETITIONER
WP(C) Nos.42469/2023, 863/2024, 2363/2024
APPENDIX OF WP(C) 2363/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE NOTICE DATED
15.03.2010 ISSUED BY THE 2ND RESPONDENT
TO THE PETITIONER
Exhibit P2 THE TRUE COPY OF THE REPRESENTATION
DATED 30.11.2023 PREFERRED BY THE
PETITIONER TO THE 2ND RESPONDENT
WP(C) Nos.42469/2023, 863/2024, 2363/2024
APPENDIX OF WP(C) 42469/2023
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPIES OF THE RECEIPTS DATED
29.07.2021
Exhibit P2 THE TINE COPIES OF THE RECEIPTS DATED
22.082023
Exhibit P3 THE TRUE COPY OF THE NON-LIABILITY
CERTIFICATE IN FAVOUR OF THE PETITIONER
ISSUED BY THE RAPG DIVISION OF THE 2ND
RESPONDENT BANK DATED 21/09/2023
Exhibit P4 THE TRUE CAPY OF THE NO OBJECTION
CERTIFICATE IN FAVOUR OF THE
PETITIONER'S WIFE ISSUED BY THE RAPG
DIVISION OF THE 2ND RESPONDENT BANK
DATED 21/09/2023
Exhibit P5 THE TRUE COPY OF THE EMALL DATED
27/10/2023 TO THE 2ND RESPONDENT
