RAJEEV KUMAR SINGH AND ANOTHER v. UNION OF INDIA AND 6 OTHERS
WRIC/29259/2025 · 2025-09-24
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 88980 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 88980 (ALL) · dailylaw.ai ]
Judgment text
Extracted from the PDF above. The PDF is authoritative.
HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 29259 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The following prayers have been made in the present writ petition: -
"Issue a writ, order or direction in the nature of mandamus commanding the the respondents nos. 3 to 7 to forthwith change the status of Education Loan Account No. 33210610000014 from Restructured loan to Restructured loan (Government mandated) and reflect the closure of Loan Account thereof in the credit records maintained with Trans Union CIBIL Limited and in accordance therewith CIBIL Report may be modified within fixed time frame; otherwise the petitioners shall suffer irreparable loss and injury. ii. Issue a further order or appropriate direction declaring the action of respondents No.3 to 7 in continuing to report the Education Loan Account No.. 33210610000014 as Restructured loan, despite full settlement and acknowledgement thereof, as arbitrary, illegal and violative of Section 21(3) of the Credit Information Companies (Regulation) Act, 2005, the RBI Master Circulars dated 01.07.2013,and Articles 14 and 21 of the Constitution of India."
2. The case of the petitioners is that the petitioners have repaid the education loan taken by them from UCO Bank, Dataganj Branch, Budaun. However, respondent no. 3 which is a Credit Information Company, has not updated the same on the CIBIL Portal. Versus Counsel for Petitioner(s) : Devesh Pandey, J.P. Pandey Counsel for Respondent(s) : A.S.G.I., Amit Shukla, Birendra Prasad Shukla, Jayanti Vikram Singh Rajeev Kumar Singh And Another .....Petitioner(s) Union Of India And 6 Others .....Respondent(s)
3.
Relevant part of Section 21(3) of the Credit Information Companies (Regulation) Act, 2005 is as follows: -
"21(3) If a credit information company or specified user or credit institution in possession or control of the credit information, has not updated the information maintained by it, a borrower or client may request all or any of them to update the information; whether by making an appropriate correction, or addition or otherwise, and on such request the credit information company or the specified user or the credit institution, as the case may be, shall take appropriate steps to update the credit information within thirty days after being requested to do so: Provided that the credit information company and the specified user shall make the correction, deletion or addition in the credit information only after such correction, deletion or addition has been certified as correct by the concerned credit institution: Provided further that no such correction, deletion or addition shall be made in the credit information if any dispute relating to such correction, deletion or addition is pending before any arbitrator or tribunal or court and in cases where such dispute is pending, the entries in the books of the concerned credit institution shall be taken into account for the purpose of credit information."
4. Sri Birendra Prasad Shukla, Advocate, appearing on behalf of the respondent-bank, states that the bank has already sent a request to respondent no. 3 to carry out rectification of the information available on its portal. 5. Sri Amit Shukla, Advocate, appearing on behalf of respondent no. 3, states that appropriate decision in light of the request of the petitioner and the respondent-bank would be taken expeditiously. 6. Accordingly, the petition is disposed of with direction to respondent no.
3 to consider and take decision on the application of the petitioners for rectification and updation of the CIBIL Report expeditiously and not later than four weeks from the date of communication of the instant order. September 25, 2025 Jaideep/- WRIC No. 29259 of 2025 2 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- JAIDEEP BANERJEE High Court of Judicature at Allahabad