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2024 Supreme(Online)(KER) 9261

HIGH COURT OF KERALA
GOPINATH P, J
SUNNY JACOB CHERIAN @ SUNNY JACOB CHERIAN JOLLIS SUNNY JACOB – Appellant
Versus
CREDIT INFORMATION BUREAU (INDIA) LTD – Respondent


Advocates:
ABDUL JALEEL.A, SMT.M.A.SULFIA, SRI.M.J.PAVU, SRI.K.M.ABDUL MAJEED, SRI.P.J.SHIJO, SRI.M.IFAIZAL, SRI.C.AJITH KUMAR, Martin Jose P, P.PRIJITH(K/233/2005), THOMAS P.KURUVILLA(K/420-B/2005), HARIKRISHNAN S.(K/497/2019)

JUDGEMENT

This writ petition has been filed seeking the following reliefs:-

    “(a) To issue a writ of mandamus or any other appropriate writ or order calling for the records leading to passing of Exhibit-P1 report by 1st respondent and to set aside the same.
    (b) To issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to consider Exhibit P-6 and make a considered evaluation of credit score.”

2.It is the case of the petitioner that CIBIL score of the petitioner have been affected on account of a loan which was not availed by the petitioner from the 3rd respondent. It is submitted that the loan papers were signed for the purpose of purchase of a BMW car and owing to other circumstances the petitioner cannot go ahead with the purchase of BMW car. It is submitted that the transaction with the 3rd respondent cannot therefore affect the CIBIL score of the petitioner.

3.The learned Standing Counsel appearing for the 1st respondent with reference to the counter affidavit submits that the CIBIL score of the petitioner is presently not affected by any transaction of the petitioner may or may not have had with the 3rd respondent. It is submitted that there are

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