Skip to main content

Can't reject education loan over arrears: High Court

Holding that banks cannot deny educational loans on the grounds that a student has examination arrears, the Madras High Court (Madurai Bench) has directed a Canara Bank branch in Karaikudi in Sivaganga district to sanction Rs 3.60 lakh as loan to an engineering college student.
The student V P Infant Ranjith is pursuing BE Computer Science Engineering in a private engineering college near Chennai. His father V K Peter Rajan, an advocate, filed a petition stating that the Canara Bank, Sankarapuram Branch in Sivaganga had refused to sanction an education loan during 2011 stating that they had already reached the cumulative loan sanctioning limit for the year. The bank officials advised him to approach the next year.
The following year when he applied for a loan of Rs 3.60 lakh, the bank kept his application pending but orally indicated to him that since he is an advocate it would be difficult to recover the loan amount. Besides, Ranjith had failed in a subject in the second year and hence loan cannot be granted to him.
Refusing to accept the bank’s contention, Justice N Kirubakaran said in engineering education the compartmental system was followed (allowing students to clear arrears in subsequent semesters). “It is not fair on the part of the bank to reject the application on the ground that the student failed in one subject,” he said.
Justice Kirubakaran said, “The bank is granting educational loan subject to rules and regulations and if there is failure on repayment of loan, it is always open to the bank to take recovery action.”
Hence, he directed the bank to process the education loan within 10 days.


Comments

  1. It was really pleasure to read such a beautiful piece of Article. It just should have elaborated more to get the proper insights but if you are looking for more information just continue to - Education Loans For Students

    ReplyDelete
    Replies
    1. This comment has been removed by a blog administrator.

      Delete
  2. Much obliged to you for sharing the information, I have the best information about Study Loan.

    ReplyDelete

Post a Comment

Most viewed this month

The recovery of vehicles by the financier not an offence - SC

Special Leave Petition (Crl.) No. 8907  of 2009 Anup Sarmah (Petitioner) Vs Bhola Nath Sharma & Ors.(Respondents) The petitioner submitted that  respondents-financer had forcibly taken away the vehicle financed by them and  illegally deprived the petitioner from its lawful possession  and  thus,  committed  a crime. The complaint filed by the petitioner had been  entertained  by  the Judicial Magistrate (Ist Class), Gauhati (Assam) in Complaint Case  No.  608 of 2009, even directing the interim custody of the vehicle (Maruti  Zen)  be given to the petitioner vide order dated  17.3.2009.  The respondent on approaching the Guwahati High  Court against this order, the hon'ble court squashed the criminal  proceedings  pending   before  the  learned Magistrate. After hearing both sides, the Hon'ble Supreme Court decided on 30th...

Flat owner without legal title has consumer rights

In a significant judgment, the South Mumbai Consumer Forum has held that a flat owner legally occupying the flat would be a consumer, even if his title to the flat might be in dispute before a competent court. Thurlow owned a flat in a co-operative society. Appuswami was residing with him. In 1976, Appuswami got married in the same flat, and his wife started residing in the same flat. They had three children, born and brought up in the same flat. After Thurlow expired in 2004, Appuswami approached the High Court for inheritance to Thurlow's estate but expired while the matter was pending. His wife and children were brought on record. Subsequently, the society intervened, contending Appuswami did not have any right to the flat and it should be handed over to the Society. The Appuswami family continued to reside in the flat, and even pay the society's outgoings and maintenance charges. Later, the society stopped collecting maintenance charges from all members, as it earned...

NCLT - Mere admission of receipt of money does not qualify as a financial debt

Cause Title : Meghna Devang Juthani Vs Ambe Securities Private Limited, National Company Law Tribunal, Mumbai, CP (IB) No. 974/MB-VI/2020 Date of Judgment/Order : 18.12.2023 Corum : Hon’ble Shri K. R. Saji Kumar, Member (Judicial) Hon’ble Shri Sanjiv Dutt, Member (Technical) Citied:  Carnoustie Management India Pvt. Ltd. Vs. CBS International Projects Private Limited, NCLT Swiss Ribbons Pvt. Ltd. & Anr vs. Union of India & Ors. (2019) Sanjay Kewalramani vs Sunil Parmanand Kewalramani & Ors. (2018) Pawan Kumar vs. Utsav Securities Pvt Ltd 2021 Background Application was filed under section 7 of the Insolvency and Bankruptcy Code, 2016 alleging loan of Rs, 1.70 cr is due. The Applicate identified herself as the widow and heir of the lender but could not produce any documents proving financial contract between her Late husband and the CD but claimed that the CD has accepted that money was received from her husband. The applicant subs...