The Madras High Court Bench here has directed a lawyer based in Tiruchendur in Tuticorin district to repay in monthly instalments of Rs.5,000 the education loan he got from a nationalised bank to pursue a law course in 2006.
Justice T.S. Sivagnanam passed the direction while disposing of a writ petition filed and argued by the lawyer’s wife, P. Sunaina (name changed), who sought a direction to Indian Overseas Bank (IOB) to sanction education loan for her to pursue a five-year degree course in law.
After hearing preliminary arguments advanced by the petitioner, the judge directed her husband V. Prasanth (name changed), practising in the civil and criminal courts in Tiruchendur since 2008, and the manager of Paramankurichi branch of IOB to be present in the court.
On enquiry, he found that the lawyer had obtained the loan to pursue his Bachelor of Law course in 2006 but defaulted in repayment since 2010.
The loan account statements produced by the bank manager showed that the lawyer had an outstanding of Rs.2.02 lakh.
The manager also pointed out that the interest on the loan amount had accumulated to great proportions due to the advocate’s failure to repay the loan for the last four years. When asked for the reason, the lawyer told the court that he had defaulted due to “reasons beyond his control.”
However, holding that the advocate was duty bound to repay the loan availed by him under the Vidyajothi Educational Loan Scheme of the bank, the judge directed him to begin repayment from September and continue it without default so that the bank could consider waiving the interest.
“This court has granted this indulgence taking note of the fact that the petitioner’s husband is a young member of the Bar,” the judge said, and recorded the submission of the bank manager that a demand draft in favour of the petitioner was ready and she could receive it any time.
