| |
CDJ 2026 MHC 681
|
| Court : High Court of Judicature at Madras |
| Case No : Review Application. No. 296 of 2025 |
| Judges: THE HONOURABLE MR. JUSTICE N. ANAND VENKATESH |
| Parties : TransUnion CIBIL Limited, One India Bulls Centre Tower, Mumbai Versus Jeevanesh & Others |
| Appearing Advocates : For the Petitioner: Madhupreetha Elango, Advocate. For the Respondents: R3, B. Raghavulu Naid, Standing Counsel, R1, R2, K. Harishankar For Surya Teja Ss Nalla, Advocates. |
| Date of Judgment : 27-01-2026 |
| Head Note :- |
Civil Procedure Code - Section 114 -
|
| Judgment :- |
|
(Prayer: The Review Application is filed under Order XLVII Rule 1 read with Section 114 of C.P.C. to review the order dated 6.8.2025 passed in W.P. No.27774 of 2025.)
1. This Review Application was filed to review the order passed by this Court in W.P.No.27774 of 2025 dated 06.08.2025.
2. When the matter came up for hearing on 12.12.2025, the following order was passed by this Court.
“This Court heard the learned counsel for the review petitioner, learned counsel who appeared for the writ petitioners and also learned counsel appearing on behalf of the 3rd respondent Bank.
2. The issue can be easily resolved, if the 3rd respondent bank issues a communication to the review petitioner by withdrawing their hard enquiry made against the petitioners. If the same is done, the review petitioner will act upon the same.
3. The 3rd respondent bank shall do the needful and report compliance to this Court.
4. Post on 12.01.2026 at 02.15. P.M.”
3. The matter was again listed for hearing on 12.01.2026 and the following order came to be passed by this Court.
When the matter was taken up for hearing today, Memo of Compliance was filed on behalf of the Review Petitioner and the relevant portions are extracted hereunder:
3. On 29.12.2025, the Petitioner received a letter from the 3rd Respondent Bank, namely State Bank of India requesting withdrawal of the hard enquiries made on the following dates: 19.10.2024, 09.01.2025, 26.02.2025, 11.03.2025, 19.04.2025, 31.05.2025, 18.06.2025, and 08.07.2025. A copy of the letter dated 29.12.2025 is annexed herewith.
4. In furtherance of the aforesaid letter/instructions from the 3rd Respondent Bank, the Petitioner has removed the enquiries set out in the letter dated 29.12.2025 (save and except enquiry dated 19.10.2024) from the 1s Respondent's report/profile. Consequently, the Petitioner has also issued a letter intimating the 1st and 2nd Respondents regarding such removal on 07.01.2026. A copy of the said letter is annexed herewith.
5. Pertinently, the enquiry dated 19.10.2024 has not been removed from the 1st Respondent's profile, since the said enquiry was never made by the 3rd Respondent Bank, but by another bank, namely Canara Bank. This enquiry appears to have been inadvertently included in the 3rd Respondent's letter dated 29.12.2025. The Petitioner, therefore, is not in a position to remove the said enquiry, as it does not pertain to the 3rd Respondent Bank.
6. Further, the Petitioner wishes to place on record certain additional facts that are material for the purposes of the matter:
a. The 3rd Respondent Bank had also made an enquiry dated 06.06.2025, which has not been expressly withdrawn by the 3rd Respondent. In the absence of an express instruction in this regard, the Petitioner has not removed the entry pertaining to 06.06.2025
b. The 3rd Respondent Bank has also made additional hard enquiries apart from those mentioned above on 01.09.2025 and 04.09.2025 for education loans amounting to Rs. 7,14,000/- and Rs. 6,42,600/-respectively. These enquiries have been made after the Impugned Order dated 06.08.2025 passed by this Hon'ble Court. These enquiries dated 01.09.2025, and 04 09.2025 have not been instructed to be withdrawn by the 3rd Respondent Bank as a consequence of which the Petitioner has not removed these entries
7. The Petitioner respectfully submits that in so far entries mentioned in Paragraph 6 above are concerned, should the 3rd Respondent Bank undertake before this Hon'ble Court that the aforesaid enquiries dated 06.06.2025, 01.09.2025 and 04.09.2025 shall be withdrawn, the Petitioner shall take steps to effect removal of the same at the earliest.
2.It is seen from the above Memo of Compliance that after the order was passed in the writ petition, two more enquiries were made by the respondent Bank on 01.09.2025 and 04.09.2025 and the same continues to be reflected. Apart from that yet another enquiry dated 06.06.2025, has also been made by the respondent Bank which also continues to be reflected.
3.When the respondent Bank issued a letter dated 29.12.2025 to the Review Petitioner, they did not make a reference to three enquiries made on 06.06.2025, 01.09.2025 and 04.09.2025 and as a result, these three entries has not been withdrawn and it continues to be reflected.
4.There is no appearance on the side of the respondent Bank.
5.There shall be a direction to the 3rd respondent Bank to issue communication to the Review Petitioner to withdraw the hard enquiries made on 06.06.2025, 01.09.2025 and 04.09.2025 in order to enable the Review Petitioner to act upon the same and remove the entries.
6.Post this case on 27.01.2026.”
4. Pursuant to the above order, the matter was listed for hearing today.
5. The learned counsel for the review applicant submitted that the third respondent Bank had issued a communication to withdraw the hard enquiries and that acting upon the same, all the entries have been removed today.
6. The learned counsel for the 3rd respondent Bank submitted that since the entries have been removed by CIBIL and the CIBIL score stands increased, there will be no problem to the credit score of the writ petitioners and the educational loan sought for will be granted.
7. The learned counsel for the writ petitioners submitted that the fees have to be paid on or before 30.01.2026 and therefore requested this Court to issue necessary directions to the 3rd respondent.
8. If the 3rd respondent has already taken a decision to approve the loan, the same shall be approved and disbursed to the writ petitioners, enabling them to pay the tuition fees on or before 30.01.2026.
9. This Review Application is disposed of on the above terms. There shall be no order as to costs.
|
| |