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2021 Supreme(Online)(KER) 23968

HIGH COURT OF KERALA
M.S.JAYACHANDRAN – Appellant
Versus
CSB BANK LTD – Respondent


JUDGMENT

Dated this the 9th day of March 2021 The petitioner is the proprietor of Parthasarathi fuels, having credit facilities from the respondent Bank. On introduction of Guaranteed Emergency credit Line Scheme (GECL) introduced by the Central Government in the wake of Covid-19 pandemic, as per Ext.P1/Annexure R1(a), petitioner submitted an application for loan, pursuant to Ext.P2 letter of the 2nd respondent informing him the availability of the scheme. But, as per Ext.P3 letter dated 22.07.2020 the 2nd respondent rejected the application stating that the property loan availed by the petitioner jointly with his wife and housing loan availed by his wife were under SMA-2 as on 29.02.2020. It was further stated that commercial vehicle loan availed by the proprietor is suit filed account as per CIBIL report and that auto loan availed by the petitioner's wife who is the guarantor, to the limit showed overdue as per CIBIL report. The Writ Petition is filed stating that the reasons stated in Ext.P3 are incorrect. Petitioner points out that the application was submitted by him alone and not along with or by the wife. According to the petitioner none of the accounts referred to in Ext.P3

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