YOGENDRA KUMAR v. RESERVE BANK OF INDIA AND 3 OTHERS
WRIC/33659/2025 · 2025-09-23
Arun Kumar, Manoj Kumar Gupta
body2025
DailyLaw.ai
[ 2025 DAILYLAW 99945 (ALL) · dailylaw.ai ]
DailyLaw.ai
[ 2025 DAILYLAW 99945 (ALL) · dailylaw.ai ]
Judgment text
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HIGH COURT OF JUDICATURE AT ALLAHABAD WRIT - C No. - 33659 of 2025 Court No. - 21 HON'BLE MANOJ KUMAR GUPTA, J.
HON'BLE ARUN KUMAR, J.
1. The present writ petition has been filed with the following prayers:
"i. Issue a writ, order or direction in the nature of Mandamus directing the respondents to forthwith rectify the erroneous entry in the credit information of the petitioner pertaining to the business loan availed by the Respondent No.4 on 18.01.2023; ii. Issue a writ, order or direction in the nature of Mandamus directing the respondents to decide the petitioner's representation dated 10.09.2025 (Annexure No.11 to this writ petition) expeditiously in a time bound manner;"
2. The case of the petitioner is that the petitioner was working as Additional Director with respondent no.4-Company. The Company took a business loan. The loan agreement dated 18.01.2023 between respondent no.4 and respondent no.3 has been filed alongwith the writ petition to demonstrate that the loan was taken by respondent no.4. 3. The case of the petitioner is that he was not even a guarantor for the said loan. The petitioner has resigned from the Directorship of the Company on 26.05.2023. The credit information of the petitioner, which is being maintained by respondent no.2, reflects that the petitioner has taken the loan, which in fact, according to the petitioner, was taken by respondent no.4 for business purposes and not by the petitioner. Consequently, the CIBIL rating of the petitioner has gone down. He is Versus Counsel for Petitioner(s) : Naman Agarwal, Nipun Singh Counsel for Respondent(s) :
Yogendra Kumar .....Petitioner(s) Reserve Bank Of India And 3 Others .....Respondent(s)
stated to have represented in this regard to respondent no.2 on 24.03.2025 and also to respondent no.1 but when the information regarding the credit information was not updated, the present petition has been filed. 4. Learned counsel for the petitioner submits that respondent no.2 is under obligation of law to maintain correct credit information regarding a person. It is urged that in view of Regulation 21(3) of the Credit Information Companies (Regulation) Act, 2005, respondent no.2 is enjoined with duty to correct the credit information. He submits that the representation filed by the petitioner before respondent no.2 be directed to be examined by respondent no.2. 5.
Regulation 21(3) is as follows:
"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."
6. Having regard to the facts of the case and the submissions made as well WRIC No. 33659 of 2025 2
as the provision of Regulation 21(3), we dispose of the instant writ petition with direction to respondent no.2 to examine the grievance of the petitioner and take appropriate decision on basis of the representation dated 24.03.2025 within a period of eights weeks from the date of communication of the instant order alongwith photocopy of the representation. 7. As we have passed the instant order without notice to respondent no.2, therefore, in case, respondent no.2 feels aggrieved in any manner by the instant order, we reserve liberty in favour of the said respondent to apply for modification/variation of the order. September 24, 2025 Ankit.
WRIC No. 33659 of 2025 3 (Arun Kumar,J.) (Manoj Kumar Gupta,J.) Digitally signed by :- ANKIT VISHWAKARMA High Court of Judicature at Allahabad