S. Jothilingam v. Manager State Bank of India, Arumbakkam
2012-10-10
D.HARIPARANTHAMAN
body2012
DigiLaw.ai
Judgment :- The petitioner is a professional tailor. His son passed plus two examinations. Thereafter he joined B.E. (Civil Engineering) in Sakthi Mariamman Engineering College, Thandalam, Kancheepuram District. His son got admission under the Management quota. 2. The petitioner applied for educational loan on 26.9.2011 in the respondent-bank to enable his son to pursue B.E Course. The application was returned on 17.12.2011 by the bank on the ground that the petitioner is a defaulter at Aminjikarai branch of the respondent-bank. 3. The petitioner cleared the loan at Aminjikarai branch on 7.5.2012 and thereafter, he approached the respondent-bank for sanction of educational loan to his son. However, the respondent-bank has not passed any order either granting or refusing to sanction loan. Hence, the petitioner has filed writ petition seeking for a direction to sanction educational loan to enable his son to pursue B.E. Course. 4. The respondent has filed counter affidavit refuting the allegations. It is stated that when the petitioner approached during May 2012 after clearing the loan at Aminjikarai branch, the respondent-bank, as per procedure of the respondent bank, verified through its agency about the credit worthiness of the petitioner. It was found that the petitioner obtained loans at two places and he is a defaulter in those two loans. Hence, he was not sanctioned with the said loan. 5. Heard both sides. 6. The learned counsel for the petitioner has submitted that it is true that after May 2012, he had to pay two loans to two institutions, one is the loan obtained on his credit card and the other is the loan obtained from the institution "India Bulls". He has submitted that the petitioner has cleared both the loans. He produced relevant papers relating to discharge of those two loans. He has sought for a direction to sanction educational loan. However, it is submitted that the petitioner would be satisfied if the loan is given from the 2nd year Course onwards. 7. The learned counsel for the respondent has submitted that the dues in respect of the credit card were settled. The same is also stated in the counter affidavit. The only impediment, according to the learned counsel for the respondent, is the outstanding loan at India Bulls.
7. The learned counsel for the respondent has submitted that the dues in respect of the credit card were settled. The same is also stated in the counter affidavit. The only impediment, according to the learned counsel for the respondent, is the outstanding loan at India Bulls. The learned counsel has also submitted that the petitioner has to produce a certificate from the concerned college that the petitioner was admitted under Management quota, since the fee is at a higher rate for Management quota. 8. In reply, the learned counsel for the petitioner has submitted that he has no objection for producing a certificate from the concerned college that his son got admission under Management quota. The learned counsel for the petitioner has submitted that he has produced settlement letter dated 27.9.2012 from India Bulls stating that the loan amount was fully settled on receipt of Rs.9000/-. The learned counsel for the petitioner also undertakes to take steps to remove the name of the petitioner from the defaulters list in the civil report and the same is recorded and therefore, now there is no impediment for the respondent to sanction educational loan. 9. I have considered the rival submissions of either side. 10. There are only two issues that are in the way of sanctioning the educational loan. The first is the requirement of the certificate from the college that the petitioner got admission under the Management quota. The learned counsel for the petitioner has submitted that he would produce the same. Hence the first issue is resolved. 11. As far as the second issue is concerned, I have perused the settlement letter dated 27.9.2012 issued by India Bulls. The settlement letter makes it clear that the loan account was settled in full and final and nothing shall be due and payable by the petitioner to India Bulls. It is stated that the petitioner paid Rs.9000/- and settlement letter was issued. In view of the aforesaid settlement letter dated 27.9.2012 issued by India Bulls, that impediment is also removed. In view of the same, I am of the view that the second issue is also resolved and the respondent-bank cannot deny educational loan. 12.
It is stated that the petitioner paid Rs.9000/- and settlement letter was issued. In view of the aforesaid settlement letter dated 27.9.2012 issued by India Bulls, that impediment is also removed. In view of the same, I am of the view that the second issue is also resolved and the respondent-bank cannot deny educational loan. 12. In these circumstances, the respondent is directed to sanction eligible educational loan to the petitioner for Management quota for B.E. Civil Engineering Course from 2012-2013 onwards on production of a certificate from Sakthi Mariamman Engineering College, Thandalam by the petitioner to the effect that his son got admission under the Management quota. 13. The writ petition is disposed of in the above terms. No costs.