Kerala High Court
Equifax Credit Information Services ... vs P. M. Prasanth on 11 November, 2024
Author: Sathish Ninan
Bench: Sathish Ninan
2024:KER:84087
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA, 1946
WA NO. 495 OF 2024
AGAINST THE JUDGMENT DATED 21.02.2024 IN WP(C) NO.2073 OF
2024 OF HIGH COURT OF KERALA
APPELLANT/2ND RESPONDENT:
TRANSUNION CIBIL LTD
ONE WORLD CENTRE TOWER 2A, 19TH FLOOR SENAPATI
BAPAT MARG, MUMBAI
REP.BY ITS MANAGING DIRECTOR,
PIN - 400013
BY ADVS.
C.AJITH KUMAR
RAJEEVU L.G.
VARSHA S.S.
RESPONDENTS/PETITIONER/RESPONDENTS 1, 3 TO 5:
1 P.M. PRASANTH
AGED 51 YEARS, S/O MANGALA SING PRASANTH BHAVAN
MUTHUPEZHUMKAL P.O., VAKAYAR, PATHANAMTHITTA,
PIN - 689698
2024:KER:84087
W.A.Nos.495 and 1374 of 2024
-: 2 :-
2 BRANCH MANAGER ICICI BANK LTD
KOTTAYAM BRANCH OFFICE CSI ASCENSION SQUARE
COLLECTORATE– RAILWAY STATION ROAD
KOTTAYAM, PIN - 686002
3 EQUIFAX CREDIT INFORMATION SERVICES PVT. LTD.
EXUIFAX CREDIT INFORMATION SERVICES, 3RD
FLOOR, BUILDING NO.9,SOLITAIRE CORPORATE PARK,
ANDHERI GHATKOPAR LINK ROAD, ANDERI EAST
MUMBAI REP. BY IT'S MANAGING DIRECTOR,
PIN - 400093
4 EXPERIAN CREDIT INFORMATION COMPANY OF INDIA
PVT. LTD., 5TH FLOOR, EASTWING, TOWER
3,EQUINOX BUSINESS PARK, LBS MARG,KURLA
WEST,MUMBAI- REP. BY IT'S MANAGING DIRECTOR,
PIN - 400070
5 CRIF HIGH MARK CREDIT INFORMATION SERVICES
PVT. LTD., FOFB-04,05,06,4TH FLOOR, ART GUILD
HOUSE, PHOENIX MARKET CITY, CTS NO.124/B, LBS
MARG, KURLA WEST,MUMBAI. REP. BY IT'S MANAGING
DIRECTOR, PIN - 400070
BY ADVS.RASMI NAIR . T
LAL K JOSEPH
M.B.SHYNI
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(L-78)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
SANJAY SELLEN(K/885/2021)
K.VIDYA(K/388/2008)
S.SREEKUMAR (SR.)(S-571)
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON
11.11.2024, ALONG WITH WA.1374/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:84087
W.A.Nos.495 and 1374 of 2024
-: 3 :-
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SATHISH NINAN
&
THE HONOURABLE MR.JUSTICE BASANT BALAJI
MONDAY, THE 11TH DAY OF NOVEMBER 2024 / 20TH KARTHIKA,
1946
WA NO. 1374 OF 2024
AGAINST THE JUDGMENT DATED 21.02.2024 IN WP(C) NO.2073
OF 2024 OF HIGH COURT OF KERALA
APPELLANT/3RD RESPONDENT:
EQUIFAX CREDIT INFORMATION SERVICES PVT LTD.
REP.BY.ITS MANAGING DIRECTOR 3RD FLOOR,
BUILDING NO.9, SOLITAIRE CORPORATE PARK,
ANDHERI GHATKOPAR LINK ROAD, ANDHERI EAST
MUMBAI, PIN - 400093
BY ADVS.SUNIL KUMAR P.R.
S.KRISHNALAL
RESPONDENTS/PETITIONER/RESPONDENTS 1, 2, 4 AND 5:
1 P. M. PRASANTH
AGED 51 YEARS
S/O MANGALA SING PRASANTH BHAVAN
MUTHUPEZHUMKAL P.O, VAKAYAR, PATHAΝΑΜΤΗΠΤΑ,
PIN - 689698
2024:KER:84087
W.A.Nos.495 and 1374 of 2024
-: 4 :-
2 ICICI BANK LTD
REPRENTED BY BRANCH MANAGER KOTTAYAM BRANCH
OFFICE CSI ASCENSION SQUARE COLLECTORATE
RAILWAY STATION ROAD KOTTAYAM, PIN - 686002
3 TRANSUNION CIBIL LTD
REPRESENTED BY ITS MANAGING DIRECTOR, ONE
WORLD CENTRE TOWER 2A, 19TH FLOOR, SENAPATI
BAPAT MARG, MUMBAI, PIN - 400013
4 EXPERIAN CREDIT INFORMATION COMPANY OF INDIA
PVTLTD.
5TH FLOOR, EASTWING, TOWER 3 EQUINOX BUSINESS
PARK, LBS MARG, KURLA WEST, MUMBAI, PIN -
400070
5 CRIF-HIGH MARK CREDIT INFORMATION SERVICES PVT
LTD
FOFB-04,05,06,4TH FLOOR, ART CUILD HOUSE,
PHOENIX MARKET CITY, CTS NO.124/B, LBS MARC,
KURLA WEST, MUMBAI. REPBY IT'S MANAGING
DIRECTOR, PIN - 400070
BY ADVS.
LAL K JOSEPH
P.MURALEEDHARAN (THURAVOOR)(K/1651/2000)
T.A.LUXY(L-78)
SURESH SUKUMAR(K/634/1997)
ANZIL SALIM(K/000447/2018)
SANJAY SELLEN(K/885/2021)
S.SREEKUMAR (SR.)(S-571)
THIS WRIT APPEAL HAVING COME UP FOR HEARING ON
11.11.2024, ALONG WITH WA.495/2024, THE COURT ON THE
SAME DAY DELIVERED THE FOLLOWING:
2024:KER:84087
SATHISH NINAN & BASANT BALAJI, JJ.
= = = = = = = = = = = = = = = = = =
W.A.Nos.495 and 1374 of 2024
= = = = = = = = = = = = = = = = = =
Dated this the 11th day of November, 2024
JUDGMENT
Sathish Ninan, J.
The grievance of the writ petitioner was with
regard to the credit score given to him by the credit
rating institution.
2. In a similar matter, this Court had, in
W.A.No.577 of 2024, as per judgment dated 02.08.2024,
directed the Bank concerned to provide and update
report/data to the credit rating institution and the
institution was to make a fresh evaluation of the credit
score based on the same.
3. The learned counsel appearing for the parties
are in unison that these writ appeals can also be
disposed of with similar directions.
2024:KER:84087
W.A.Nos.495 and 1374 of 2024
Resultantly, the appeals are disposed of directing
the 2nd respondent Bank in these writ appeals to provide
a report/data insofar as the writ petitioner is
concerned, to the credit rating institution, within two
weeks from today, to enable them to make fresh
evaluation of the credit score. The CIBIL score shall be
re-fixed based on the same.
Sd/-
SATHISH NINAN
JUDGE
Sd/-
BASANT BALAJI
JUDGE
yd
2024:KER:84087
W.A.Nos.495 and 1374 of 2024
RESPONDENT EXHIBITS
EXHIBIT R5(1) CERTIFIED COPY OF THE RESOLUTION BY THE
BOARD OF DIRECTORS.
