Rajendra Singh Panwar vs M. V. Nair

Manoj Kumar Tiwari, J

Writ Petition (M/S) No. 3882 of 2019 filed by the petitioner was disposed of by Writ Court vide order dated 18.02.218 with the following direction:-

“Having regard to the facts and circumstances mentioned above, this writ petition is disposed of with liberty to the petitioner to make appropriate

representation to respondent no. 4 within three weeks from today. Respondent no. 4 shall examine the matter in the light of stand taken by the Income

Tax Department in its counter affidavit and take appropriate decision, in accordance with law, within three months from the date of presentation of the

representation along with certified copy of this order.â€​

A counter affidavit has been filed by Mr. Mavila Vishwanathan Nair, Chairman, Credit Information Bureau of India Limited (CIBIL). Annexure-1

to the said counter affidavit is an order passed on 4.01.2020.

Perusal of the said order indicates that decision on petitioner’s representation has been taken.

Learned counsel for the petitioner submits that the respondent has not considered provision contained in Section 21 of Credit Information

Companies (Regulation) Act, 2005, which has resulted in miscarriage of justice and no order has been passed for removing name of the petitioner

from the list of defaulters.

I am afraid that in view of the direction issued to the respondent to consider petitioner’s representation, no case for proceeding against the

respondent for committing contempt is made out. The only direction was to decide petitioner’s representation and such decision has been taken.

In such view of the matter, Contempt Petition is closed. Contempt notice issued against respondent is hereby discharged.

However, petitioner shall be at liberty to approach the appropriate forum, if any of his grievance, still survives.