Shilju P. John V. Union of India and Reserve Bank of India and Punjab National Bank

WP(C)/28418/2022

AI Insights

The case involves two writ petitions filed by Shilju P. John, the proprietor of Magna Refrigeration, and Greeneo Cool Paradise Pvt. Ltd., against various respondents including the Union of India, Reserve Bank of India, and Punjab National Bank. The petitions primarily concern grievances related to banking services, specifically the enhancement of cash credit facilities and other financial assistance requests. The court, upon hearing the arguments, concluded that the petitioners have an effective remedy through the Banking Ombudsman, thus closing the petitions without delving into the substantive issues.

• Counselvise Citation: [2022] 140 COUNSELVISE.COM (IT) 802588 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 24-11-2022
• Assessment Year: misc
• Result in Favour of: Others
• Court: HIGH COURT
• Department Lawyers: S MANU
• Assessee Lawyers: M SHYJU
• Keywords: Banking Ombudsman; Deficiency of service; Micro Enterprise; Cash Credit Enhancement

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 24TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944 W.P.(C) NO.13183 OF 2021 PETIT IONER: SHILJU P. JOHN, AGED 46 YEARS, S/O. P.C. JOHN, PROPRIETOR OF MAGNA REFRIGERATION (MICRO ENTERPRISE) RESIDING AT POONAMKAVIL HOUSE, ADAKKAKUNDU, KALIKAVU P.O., MALAPPURAM DISTRICT-676 525 BY ADV. M. SHYJU RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF MICRO, SMALL AND MEDIUM ENTERPRISES, NEW DELHI-110 001. 2 RESERVE BANK OF INDIA REGIONAL OFFICE, THIRUVANANTHAPURAM REPRESENTED BY REGIONAL DIRECTOR, RESERVE BANK OF INDIA, REGIONAL OFFICE, BAKERY JUNCTION, THIRUVANANTHAPURAM-695 004. 3 ZONAL MANAGER, PUNJAB NATIONAL BANK, MINI BY-PASS ROAD, GOVINDAPURAM, KOZHIKODE-673 016. 4 THE BRANCH MANAGER, PUNJAB NATIONAL BANK, KALIKAVU BRANCH, MALAPPURAM DISTRICT-676 525. SRI. S. MANU, DSGI -2- W.P.(C) NOS.13183 OF 2021 & 28418 OF 2022 SRI. SANTHEEP ANKARATH, SC, PNB SRI. KRISHNADAS P. NAIR, CGC SRI. K.P. SUDHEER SMT. STINNIE JOHN, CGC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2022, ALONG WITH WP(C).28418/2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE V.G.ARUN THURSDAY, THE 24TH DAY OF NOVEMBER 2022 / 3RD AGRAHAYANA, 1944 W.P.(C) NO.28418 OF 2022 PETITIO NER: GREENEO COOL PARADISE PVT. LTD. REPRESENTED BY ITS MANAGING DIRECTOR, SHIJU.P.JOHN, 6/531, 1ST FLOOR, WANDOOR ROAD, KALIKAVU, MALAPPURAM DISTRICT, KERALA, PIN-676 525. BY ADV. M.SHYJU RESPONDENTS: 1 UNION OF INDIA REPRESENTED BY THE SECRETARY, MINISTRY OF FINANCE, NEW DELHI-110 001. 2 THE CIRCLE HEAD, PUNJAB NATIONAL BANK, PNB CIRCLE OFFICE, GOVINDAPURAM, KOZHIKODE, KERALA-673 016. 3 THE BRANCH MANAGER, PUNJAB NATIONAL BANK, KALIKAVU, MALAPPURAM DISTRICT, PIN-676 525. SRI. S. MANU, DSGI SRI. SANTHEEP ANKARATH, SC, PUNJAB NATIONAL BANK THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24.11.2022, ALONG WITH WP(C).13183/2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -4- W.P.(C) NOS.13183 OF 2021 & 28418 OF 2022 JUDGMENT Although various contentions are raised by the learned Counsel for the petitioners and the learned Standing Counsel for the Bank, I find that the petitioners have an effective remedy before the Banking Ombudsman, since the grievance is with respect to the deficiency of service on the part of the respondent Bank. The writ petitions are hence closed, without deciding the contentious issues involved and permitting the petitioner to approach the Banking Ombudsman in accordance with the procedure prescribed under the Banking Ombudsman Scheme. Sd/- V.G. ARUN JUDGE bpr -5- W.P.(C) NOS.13183 OF 2021 & 28418 OF 2022 APPENDIX OF WP(C) 13183/2021 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE MICRO ENTERPRISE UDAYAM REFRIGERATION CERTIFICATE OF MAGNA REFRIGERATION HAVING REGISTRATION NO. UDAYAM-KL-09-0001406 DATED 30-11-1994 EXHIBIT P2 TRUE COPY OF THE REQUEST FOR ENHANCEMENT OF THE CASH CREDIT TO RS. 30 LAKH SUBMITTED BY THE PETITIONER BEFORE THE CREDIT HEAD CIRCLE OFFICE, PUNJAB NATIONAL BANK, KOZHIKODE DATED 20-08-2020 EXHIBIT P3 TRUE COPY OF THE LICENCE DATED 1-4-2021 ISSUED BY THE KALIKAVU GRAMA PANCHAYATH TO MAGNA REFRIGERATION EXHIBIT P4 TRUE COPY OF THE LETTER BY THE PETITIONER FOR ENHANCEMENT OF THE CASH CREDIT NO. 4281008700001577 BEFORE THE 4TH RESPONDENT DATED 08-09-2020 EXHIBIT P5 TRUE COPY OF THE LETTER SUBMITTED BY THE PETITIONER BEFORE 4TH RESPONDENT DATED 30-12-2020 EXHIBIT P6 TRUE COPY OF THE GST REGISTRATION CERTIFICATE OF THE PETITIONER DATED 10-07-2020 EXHIBIT P7 TRUE COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT OF THE PETITIONER FOR THE ASSESSMENT YEAR 20-18-2019 DATED 15-09-2018 EXHIBIT P8 TRUE COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT OF THE PETITIONER FOR THE YEAR 2019-2020 DATED 27-07-2020 -6- W.P.(C) NOS.13183 OF 2021 & 28418 OF 2022 EXHIBIT P9 TRUE COPY OF THE INCOME TAX RETURN ACKNOWLEDGEMENT OF THE PETITIONER FOR THE YEAR 2020-2021 DATED 8-1-2021 EXHIBIT P10 TRUE COPY OF THE CERTIFICATE ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER DATED 29-08-2019 EXHIBIT P11 TRUE COPY OF THE REQUEST LETTER DATED 11.11.2019 SUBMITTED BY THE WRIT PETITIONER BEFORE THE 4TH RESPONDENT. EXHIBIT P12 TRUE COPY OF THE REQUEST DATED 20.01.2020 SUBMITTED BY THE WRIT PETITIONER BEFORE THE CIRCLE HEAD PUNJAB NATIONAL BANK, GOVINDAPURAM, KOZHIKODE. -7- W.P.(C) NOS.13183 OF 2021 & 28418 OF 2022 APPENDIX OF WP(C) 28418/2022 PETITIONER'S EXHIBITS EXHIBIT P1 TRUE COPY OF THE REQUEST DATED 29/01/2022 BEFORE THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF THE REQUEST FOR FINANCIAL ASSISTANCE OF EMERGENCY CREDIT GUARANTEE SCHEME OF ACCOUNT OF THE PETITIONER DATED 26.04.2022 EXHIBIT P3 TRUE COPY OF THE REPRESENTATION DATED 10/06/2020 FILED BY THE PETITIONER BEFORE THE FINANCE MINISTER EXHIBIT P4 TRUE COPY OF THE REPRESENTATION DATED 10/06/2020 SUBMITTED BY THE PETITIONER BEFORE THE MANAGING DIRECTOR, PUNJAB NATIONAL BANK EXHIBIT P5 TRUE COPY OF THE REPRESENTATION DATED 10/06/2020 SUBMITTED BEFORE THE 2ND RESPONDENT BY THE PETITIONER EXHIBIT P6 TRUE COPY OF THE NOTICE DATED 16/04/2022 ISSUED BY THE 3RD RESPONDENT EXHIBIT P7 TRUE COPY OF NOTICE DATED 16.4.2022 ISSUED BY THE 3RD RESPONDENT "