Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE DINESH KUMAR SINGH TUESDAY, THE 30TH DAY OF JULY 2024 / 8TH SRAVANA, 1946 WP(C) NO. 26832 OF 2023 PETITIONERS: 1 NANDAKUMAR, AGED 60 YEARS NANDANAM HOUSE, S.H. MOUNT P.O., NATTASSERY, KOTTAYAM DISTRICT., PIN - 686006 2 AMBIKA NANDAKUMAR, AGED 58 YEARS W/O NANDAKUMAR, RESIDING AT NANDANAM HOUSE, S.H. MOUNT. P.O., KOTTAYAM., PIN - 686006 NOBLE MATHEW KUMARI SANGEETHA S.NAIR RESPONDENTS:
1 THE MANAGER, UNION BANK OF INDIA, NAGAMPADAM BRANCH, KOTTAYAM DISTRICT., PIN - 686001 2 THE AUTHORISED OFFICER, UNION BANK OF INDIA, NAGAMPADAM BRANCH, KOTTAYAM., PIN - 686001 3 UNION BANK OF INDIA, UNION BANK OF INDIA, REPRESENTED BY THE CHIEF MANAGER,REGIONAL OFFICE, KOTTAYAM., PIN - 686016 4 THE SECRETARY, MINISTRY OF HUMAN RESOURCE DEPARTMENT, DEPARTMENT OF HIGHER EDUCATION, GOVT. OF INDIA, NEW DELHI., PIN - ASP.KURUP SADCHITH.P.KURUP(K/1419/2002) C.P.ANIL RAJ(K/872/2007) SIVA SURESH(K/2688/2022) RESHMA RAJ(K/1150/2021)
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
JUDGMENT
Dated this the 30th day of July, 2024 The present Writ Petition has been filed seeking the following prayers:
(i) Call for the records leading to the case and issue a writ
of mandamus or any other appropriate writ, order or direction, commanding respondents 1 to 3 to reschedule the debt amount Exhibit P2 after granting the benefits given by respondent No.3 to the Educational loans.
(ii) Issue a writ in the nature of mandamus or any other
appropriate writ, order or direction, directing the 2nd respondent to publish the interest rate and subsidy rate through website or newspapers to avoid exploiting the petitioners’ son and similarly situated students;
(iii) Issue a writ in the nature of prohibition or any other writ, order or direction restraining the Banks from snatching the benefits given to the students by respondent No.4;
(iv) Dispense with the filing of the English translation of Exhibits produced in vernacular language;
(v) Grant such other reliefs which this Hon’ble Court may deem fit and proper in the facts and circumstances of the case.
2. The bank has already filed O.A. No. 320/2024,
before the Debts Recovery Tribunal-I, Ernakulam (for short ‘DRT’). Considering the fact that the DRT has already taken up the matter, this Court does not want to proceed on the merits of the case, and therefore, the present writ petition is disposed of, with liberty to the petitioner to take all contentions, which may be available to him in pending O.A. The DRT-I, is directed to dispose of the O.A. expeditiously, preferably within a period of six months. Till the disposal of the O.A. No. petitioner from the secured asset. Sd/- DINESH KUMAR SINGH JUDGE AP APPENDIX OF WP(C) 26832/2023 PETITIONER EXHIBITS Exhibit P1 STATEMENT OF ACCOUNTS ISSUED BY THE 1ST
RESPONDENT FOR EVIDENCING REMITTANCE OF RS.6.8 LAKHS FOR A TOTAL AMOUNT OF RS.15 LAKHS TAKEN IN THE YEAR 2013 Exhibit P2 TRUE PHOTOCOPY OF THE POSSESSION NOTICE ISSUED UNDER THE SECURITY INTEREST (ENFORCEMENT) RULES, 2002 DATED 20.6.2023 Exhibit P-3 A TRUE COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO THE CHIEF SECRETARIES OF THE STATE AND UNION TERRITORIES DATED, 21-04RESPONDENT EXHIBITS Exhibit R1A A TRUE COPY OF THE OFFER LETTER DATED 22.3.2013 GIVEN BY THE PETITIONER TO THE BANK Exhibit R1B A TRUE COPY OF THE RELEVANT EXTRACT OF THE CIRCULAR DATED 30.9.2014 ISSUED BY THE BANK Exhibit R1C A TRUE COPY OF THE RELEVANT EXTRACT OF THE CIRCULAR DATED 28.7.2015 ISSUED BY THE BANK