Avarachan P.J vs Sreekala Sreekumar
2025 Latest Caselaw 9995 Ker

Citation : 2025 Latest Caselaw 9995 Ker
Judgement Date : 23 October, 2025

Kerala High Court

Avarachan P.J vs Sreekala Sreekumar on 23 October, 2025

Author: Anil K. Narendran

Bench: Anil K. Narendran

CON.CASE(C) NO. 1894 OF 2025           1          2025:KER:79692

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                             PRESENT

          THE HONOURABLE MR. JUSTICE ANIL K. NARENDRAN

                                &

          THE HONOURABLE MR. JUSTICE MURALEE KRISHNA S.

   THURSDAY, THE 23RD DAY OF OCTOBER 2025 / 1ST KARTHIKA, 1947

                  CON.CASE(C) NO. 1894 OF 2025

  AGAINST THE JUDGMENT DATED 02.08.2024 IN WA NO.577 OF 2024 OF

                      HIGH COURT OF KERALA


PETITIONER/PETITIONER IN W.P.(C)/1ST RESPONDENT IN W.A.:

          AVARACHAN P.J.
          AGED 64 YEARS
          S/O JOSEPH, PUNNACHALIL HOUSE, KOOVAPADY P.O.,
          PERUMBAVOOR, ERNAKULAM DISTRICT, PIN - 683544.


          BY ADV SHRI.MANOJ RAMASWAMY


RESPONDENTS/RESPONDENTS 2 & 3 AND RESPONDENT NO.1 IN W.P.(C)/2ND
& 3RD RESPONDENT AND APPELLANT IN W.A.

    1     SREEKALA SREEKUMAR
          AGED (NOT KNOWN TO THE PETITIONER), D/O. (NOT KNOWN TO
          THE PETITIONER), GENERAL MANAGER KERALA GRAMIN BANK,
          KGB TOWERS, A.K. ROAD, MALAPPURAM DISTRICT,
          PIN - 676505.

    2     RANJITH R.
          AGED (NOT KNOWN TO THE PETITIONER), S/O. (NOT KNOWN TO
          THE PETITIONER) CHIEF MANAGER, KERALA GRAMIN BANK,
          PERUMBAVOOR BRANCH, PERUMBAVOOR P.O., ERNAKULAM
          DISTRICT, PIN - 683542.

    3     BHAVESH SAMPATRAJ JAIN
          AGED (NOT KNOWN TO THE PETITIONER), S/O. (NOT KNOWN TO
          THE PETITIONER), MANAGING DIRECTOR/ AUTHORIZED
          SIGNATORY, TRANS UNION CIBIL LIMITED, (FORMERLY CREDIT
          INFORMATION BUREAU(INDIA) LIMITED, ONE INDIABULLS,
 CON.CASE(C) NO. 1894 OF 2025           2            2025:KER:79692

             19TH FLOOR, TOWER 2A-2B, SENAPATI BAPAT MARG,
             ELPHINSTONE ROAD, MUMBAI., PIN - 400013.


             BY ADVS.
             SHRI.M.GOPIKRISHNAN NAMBIAR
             SRI.C.AJITH KUMAR
             SHRI.K.JOHN MATHAI
             SRI.JOSON MANAVALAN
             SRI.KURYAN THOMAS
             SHRI.PAULOSE C. ABRAHAM
             SHRI.RAJA KANNAN
             SMT.AKHILA NAMBIAR



     THIS CONTEMPT OF COURT CASE (CIVIL) HAVING COME UP FOR
ADMISSION ON 23.10.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 CON.CASE(C) NO. 1894 OF 2025             3               2025:KER:79692

                             JUDGMENT

Anil K. Narendran, J.

The petitioner has filed this contempt case, invoking the

provisions under Section 12 of the Contempt of Courts Act, 1971,

alleging willful disobedience of the direction contained in Annexure

A2 judgment dated 02.08.2024 of the Division Bench in Writ

Appeal No.577 of 2024. Paragraph 4 and also the last paragraph

of that judgment read thus:

"4. It is not in dispute that the appellant makes credit ratings based on the relevant inputs/materials furnished by the Bank. It is not clear as to whether the grievance of the petitioner is that, the credit rating given to the petitioner based on the information so provided by the Bank is not proper or whether the data submitted by the Bank itself is not correct.

Any how, we are of the opinion that, the Bank may provide an updated report/data to the appellant with regard to the 1st respondent-writ petitioner, which may be taken note of to record the petitioner's score.

Resultantly, the appeal is disposed of directing Respondents

2 and 3-Bank to provide a new report/data to the appellant within ten days from today, to enable them to make a fresh evaluation of the credit score. Ext.P8 representation shall be so considered and the CIBIL score be re-fixed based on the same."

2. On 18.08.2025, when this contempt case came up for CON.CASE(C) NO. 1894 OF 2025 4 2025:KER:79692

admission, the learned Standing Counsel for Kerala Gramin Bank

submitted that respondents 1 and 2 have already complied with

the direction contained in Annexure A2 judgment as early as on

16.08.2024 and the same has already been communicated to the

3rd respondent vide letter dated 23.08.2025.

3. The learned counsel for the 3rd respondent sought time

to get instructions. By the order dated 18.08.2025, this Court

directed that an affidavit sworn to by the 1st respondent shall be

placed on record, explaining the facts and circumstances.

4. Pursuant to the directions contained in the order dated

18.08.2025, the 2nd respondent has sworn to an affidavit dated

15.09.2025. Paragraphs 4 and 5 of that affidavit read thus;

"4. It is submitted that, by way of Annexure A2 judgment, this Hon'ble Court had directed the 1st and 2nd respondents

- Bank to provide a new report / data to the appellant (3 rd respondent herein) within ten days from the date of the judgment, to enable the appellant to make a fresh evaluation of the credit score of the petitioner. On the date of disposal of the above writ appeal i.e., on 02.08.2024, upon intimation from the counsel of Kerala Gramin Bank that the said writ appeal stands disposed of, the banktook urgent steps to comply with Annexure A2 judgment. In compliance thereof, the credit information with respect to the loan account to which the petitioner is a guarantor, was updated CON.CASE(C) NO. 1894 OF 2025 5 2025:KER:79692

on 16.08.2024 and the same was communicated to the appellant (3rd respondent herein) on 23.08.2024. A true copy of the letter dated 23.08.2024 issued by the Chief Manager to the 3rd respondent is produced herewith and marked as Annexure R2(a).

5. Therefore, the 1st and 2nd respondents have complied with the directions contained in Annexure A2 judgment as early as on 16.08.2024 and the same was communicated to the appellant (3rd respondent herein) on 23.08.2024 vide Annexure R2(b). This respondent is unaware as to whether the appellant (3rd respondent herein) has taken steps to comply with the further directions in Annexure A2 judgment insofar as it directs the appellant (3rd respondent herein) to consider Ext. P8 representation and re-fix the credit score of the petitioner. In any event, as evident from Annexure R2(a), the 1st and 2nd respondents have complied with the directions in Annexure A2 judgment whereby necessary report / data was provided to the appellant (3rd respondent herein), with respect to the loan account to which the petitioner is a guarantor."

5. Heard the learned counsel for the petitioner, the

learned counsel for respondents 1 and 2 and also the learned

counsel for the 3rd respondent.

6. The learned counsel for the 3rd respondent would

submit that the CIBIL Score of the petitioner is 771, as on

15.09.2025.

CON.CASE(C) NO. 1894 OF 2025 6 2025:KER:79692

After recording the aforesaid submission made by the

learned counsel for the 3rd respondent, this contempt case is

closed.

Sd/-

ANIL K. NARENDRAN, JUDGE