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2020 Supreme(Online)(KER) 27325

HIGH COURT OF KERALA
N. NAGARESH, J
SAJEEV – Appellant
Versus
BAJAJ AUTO FINANCE LIMITED – Respondent


Advocates:
SRI.S.NIKHIL SANKAR, SRI.C.AJITH KUMAR

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

Dated this the 23rd day of November, 2020 Petitioner seeks to call for the records leading to Ext.P1 and to quash the adverse entry recorded as “written off” marked as Ext.P1(a) therein with respect to loan transaction of the petitioner with 1st and 2nd respondents and to command the 3rd respondent to remove the adverse entry “written off” marked as Ext.P1(a) with respect to the loan transaction of the petitioner with 1st and 2nd respondents from the CIBIL records of the petitioner.

2. The petitioner states that he availed a two-wheeler loan facility from the 1st respondent-financial institution. ₹33,994/- was availed as loan in the year 2005. The petitioner paid substantial amounts towards repayment of the loan till 2010, but could not make payments thereafter.

3. The 1st respondent financial institution later furnished name and details of petitioner to CIBIL for entry in their records. When the petitioner approached a Bank for financial assistance, the request was declined stating that the petitioner has pending liabilities with the 1st respondent.

4. Thereupon, the petitioner approached the 1st respondent. The 1st respondent by that time had already

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