Petition for Extension of Loan Moratorium During COVID-19 Pandemic, Study Guides, Projects, Research of Sociology of Health and Illness

Download Petition for Extension of Loan Moratorium During COVID-19 Pandemic and more Study Guides, Projects, Research Sociology of Health and Illness in PDF only on Docsity! IN THE HON’BLE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO.___________ OF 2020 IN THE MATTER OF: - Vishal Tiwari …………......Petitioner Versus Union of India & Anr. …………...Respondent With I.A. NO…………...OF 2020 An Application for permission to Appear and Argue In Person With I.A. NO…………...OF 2020 An Application for exemption from filing duly Affirmed Affidavit PAPER BOOK (FOR KINDLY SEE INSIDE) PETITIONER IN PERSON – VISHAL TIWARI (ADVOCATE) RECORD OF PROCEEDINGS SL.NO Date of Record of Proceedings Pages 1. 2. 3. 4. 5. 6. 7. 8. 9. 10. 11. 12. 13. 14. 15. 16. 17. 18. 19. 20. 21. 22. A-1 PROFORMA FOR FIRST LISTING The case pertains to ( Please tic k/Check the correct box): * Central Act : (Title ) Article -32 of the Constitution of India. * Section : N.A * Central Rule : (Title ) N.A * Rule No(s). N.A. * State Act: (Title) N.A. * Section. N.A. * State Rule : (Title ) N.A. * Rule No(s) N.A. * Impugned Interim Order : (Dated) N.A. * Impugned Final Order/Decree : * High Court : (Name) High Court N.A. * Names of Judges : N.A. * Tribunal/Authority : ( Name ) N.A. 1. Nature of Matter CIVIL. 2(a). Petitioner/Appellant No.1. Vishal Tiwari (b) E-mail ID : [email protected] ( c) Mobile Phone Number : 9887681097 3 (a) Respondent No.1 : Union of India and ors. (b) E-mail ID : N.A. ( c) Mobile Phone Number : N.A. 4 (a) Category classification : Civil matters (b) Sub classification : 0812-letter petition & pil matters : others 6. a. Similar disposed off matter with citation, if any & case details: b. Similar pending matter with case details: No similar matter disposed off No similar matter is pending. 7. Criminal Matters : (a) Whether accused/convict has surrendered N.A. (b) FIR No. N.A. (c ) Police Station : N.A. (d ) Sentence Awarded : N.A. (e) Sentence Undergone : N.A. 8. Land Acquisition Matters : N.A. (a) Date of Section 4 notification : N.A. (b) Date of Section 6 Notification N.A. (c ) Date of Section 17 notification : N.A. 9. Tax Matters : State the tax effect : N.A. 10. Special Category ( first petitioner/appellant only ) : N.A. * Senior citizen 65 years DC/ST * Woman/child * Disabled * Legal Aid case * In custody. N.A. 11. Vehicle Number (in case of Motor Accident Claim matters): N.A. Vishal Tiwari P.I.P, Advocate Supreme Court of India Mobile- 9887681097, [email protected] B SYNOPSIS AND LIST OF DATES The Financial Crises and Slump for service sector/lawyers, Transport and Tourist Industry is not going to Recover and Run smoothly just after 31st of august 2020, it will take time and till the smooth and Regular functioning it will be in the public Interest to extend the Moratorium and Defer the loan Instalments Till 31st December 2020. The emergence of COVID 19 pandemic in India has brought a drastic financial difficulty along with the health disaster that is going on in this country. Various people have lost jobs during this situation of biological emergency and various professionals and independent litigators have gone through real financial hardship. Due to the lockdown scenario in the country because of the pandemic, it has become a real struggling issue to pay off the monthly loan instalments as there is no constant and secured income of the legal professionals and independent litigators due to the closure of the physical hearing in various Courts of the country including the Supreme Court of India. The Reserve Bank of India Notice RBI/2019-2020/186 DOR. No. BP.BC. 47/21.04.048/2019-20 dated 27th March,2020 was brought in to grant the relief of suspension of monthly loan instalment and the Notice RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020 dated 23rd May, 2020 was again brought in to extend the relief for another 3 months that is till 31st, August, 2020. However, the closure of the court as per the lockdown notification till 31st August, 2020 without any physical hearing in 1. IN THE HON’BLE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO.___________ OF 2020 (A Petition in the nature of Public Interest Litigation filed under Article 32 of the Constitution of India praying for a writ of Mandamus or any other appropriate writs seeking issuance of specific Directions for the extension of the moratorium period for at least three months from 31st August, 2020 to 31st November,2020 [ Last Moratorium Extension Circular RBI/2019- 2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020] till the time court reopens with the direction to all the banks to kindly adhere to the same so as to bring a relief for the public interest at large wherein a lot of legal professionals and other sectors like Transport, Tourist Industry are helpless in this situation.) IN THE MATTER OF: 1. Vishal Tiwari S/o. Mahendra Prasad Tiwari Age 36, R/o. B-2, Indira Gandhi Nagar, Bharatpur, Rajasthan. 321001 At present House No.1, Nangli Razapur Near Sarai Kale Khan Nizamuddin East. 110013 ... Petitioner VERSUS 1. Union of India, through Secretary Ministry of Finance, North Block, Central Secretariat, New Delhi. 2. Delhi – 110001. AND Ministry of Home Affairs, Through secretary North Block, Central Secretariat, New Delhi, Delhi 110001. 2. Reserve Bank of India Through The Governor, Shahid Bhagat Singh Road, Mumbai-400 001 ……All Contesting Respondents A WRIT PETITION CIVIL IN THE NATURE OF PUBLIC INTEREST LITIGATION IS FILED UNDER ARTICLE 32 OF THE CONSTITUTION OF INDIA PRAYING FOR A WRIT OF MANDAMUS OR ANY OTHER APPROPRIATE WRITS SEEKING ISSUANCE OF SPECIFIC DIRECTION TO EXTEND THE RELIEF BY STRETCHING UP THE MORATORIUM PERIOD AFTER 31ST OF AUGUST 2020 FOR ATLEAST A MINIMUM OF THREE MONTHS OR ELSE SUCH NON RELIEF WITH THE DEMAND OF SUBSEQUENT LOAN INSTALLMENTS WOULD LEAD TO THE VIOLATION OF THE FUNDAMENTAL RIGHT OF LIVELIHOOD & DIGNITY ENSHRINED UNDER ARTICLE – 21 OF THE CONSTITUTION OF INDIA AND SUCH RELIEF OF EXTENDED MORATORIUM IS TILL 31ST AUGUST, 2020 UNDER THE CIRCULAR RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020. 3. To, The Hon’ble Chief Justice of India And His Companion Justices Of the Supreme Court of India. The Writ Petition of the Petitioner above named MOST RESPECTFULLY SHOWETH 1. The present Writ Petition civil in the nature of Public Interest Litigation is filed under Article 32 of the Constitution of India by the Petitioner to enforce the fundamental rights, particularly the Right to Livelihood and Right to Dignity which is enshrined under Article 21 by increasing the Moratorium period for at least three months so as to heal the financial situation of the legal professionals as the courts are also not functioning well due to this present pandemic therefore there is no source of income for such professionals. ARRAY OF PARTIES 2. The Petitioner is a citizen of India, who is a practising Advocate in Supreme court of India and a regular member of Supreme court Bar 6. will be in a real struggle and hardship to pay such installment with no income in hand and that action would directly lead to the infringement of fundamental right of livelihood and dignity enshrined under Article 21 of the Constitution of India. 7. That the petitioner himself is the borrower from the few banks. A vehicle/car loan is running on the petitioner from the Axis bank limited. The loan under Pradhan mantri mudra yojna (PMMY) also exist, the lender is Punjab National Bank (PNB) MSME Branch Barahkhamba Road, New Delhi. Petitioner has also credit cards issue by PNB and canara Bank And few other personal loan is also running from the India bulls finance limited. The petitioner has to pay Approximately ₹20,000 as in Total EMI’s to the various Financial Institutions. Till now Petitioner EMI’s are deferred as to the Moratorium Given. 7. The petitioner like other professionals is also a practising lawyer in Supreme court of India, he is also among the legal fraternity who is passing through the present economic crises. The earning of petitioner/lawyers solely depends upon the practise. In Delhi till 31st August 2020 All courts including Supreme court of India will not functioning physically, neither there is Access to the public/clients to the premises as it was in Normal days. The most of young lawyers depend upon the fresh cases for the earning and 7. to carry out their monthly expenses. In the present time when the functioning of the courts are restricted to the limited working and that is also through online mode only, which is very hard for the professionals/Lawyers it is very difficult to earn the money for the monthly expenses. Hen the days were normal than we earned sufficient to run and mange our expenses and the petitioner also paid Income Tax. But as the time has changed and entire world is facing economic crises due to lockdown in pandamic than the hardship of the professionals/lawyers shall be understood. 8. like this there are several other sectors who are facing serious financial crises during this period and requires more moratorium period to overcome the crises. some of them are Transport sector, Travel agencies including Drivers, Tourist guides and others who are part of tourist Industry. 9. The maximum Number of population is self employed, professionals/service sector or running small business whose work and earning has suffered a lot in the present COVID19 period and during lockdown. 8. 10. The lending institutions adopted illegal and violent methods for the recovery. Several incidents have been reported through out the country. Recently a very terrible incident took place in Agra. Employees of a finance company allegedly seized control of a bus with passengers sitting inside in Uttar Pradesh’s Agra on Wednesday over non-payment of loan taken by the owner of the vehicle.The incident reportedly took place in the Malpura police station in Agra UP on Wednesday morning when the bus was enroute to Gwalior in Madhya Pradesh from Gurgaon in Haryana, according to the police. As per initial reports, some men stopped the private bus after it crossed Raigad toll near New Southern Bypass in Agra. The recovery agents of the finance company allegedly seized control of the vehicle as 34 people sat inside. People who got off the bus informed the police that representatives of the finance company had boarded the vehicle. Preliminary information reveals the bus has been taken away by the people from a finance company which had financed this bus. A case has been registered and police teams formed to search for it. Such activities are against the law and order and cannot be permitted for the safety of the public. Sometimes lending institutions instead of adopting proper recourse under law for the Recovery of loan amount create nuisance. 11 Judiciary, from the Supreme Court of India to the lowest court in the pyramid, has decided that they would only attend to extremely urgent matters through video conferencing. What counts as an urgent matter has been left to the discretion of the court officials, for example, a lawyer has to file a petition online with the court officials who will look into the urgency of a matter and will decide if it should be listed before the Court or not. In this manner only limited numbers of cases are being listed in the Courts, which are approximately less than normal listing of the cases. Due to the imposition of complete lockdown and curfew etc. and on account of restricted movements, our clients are also not able to reach in order to meet or take assistance of their lawyers. Thus in present scenario it can be said that the legal profession in the country has been halted. The struggling lawyers were not fully prepared for this rough patch situation due to the Corona virus pandemic. In the lawyers’ circles, we often state that the vast majority of lawyers are almost daily wage workers particularly the junior lawyers. These young lawyers have to face such economic distress even when the courts go on for two months vacations. In many lawyer households, the preparation for such vacations starts at least a month earlier, when expenses are cut to brace for the impact of holidays. A person who has 12. to especially carryout professional activity won’t be able to earn anything for his livelihood unless he works. E. Because there are several other sectors who are facing serious financial crises during this period and requires more moratorium period to overcome the crises. Some of them are Transport sector, Travel agencies including Drivers, Tourist guides and others who are part of tourist Industry. The worst situation in the country is being seen in the automobiles and aviation sector. At the same time, the hospitality and service sectors are also running in a very bad condition. All the sectors work has come to a standstill, due to which either the employees are being fired or sent on paid leave. Even the salary is being reduced from 40 to 60 percent. The road transport sector in India is highly distressed, reeling in deep financial crisis due to fallout of corona-induced lockdowns and there is little hope of its revival in the current Financial Year. The critical condition of the road transport sector is impacting more than 20 crore people, directly and indirectly,” AIMTC said in a letter to the RBI Governor. Urging it to extend the moratorium on payment of loans, it said after the extension of current moratorium period till August 31, 2020, majority of transporters are merely making break-even, and that is only because their EMIs are under moratorium. 13. F. Because lending institutions create nuisance when EMI”s are missed or not paid even for one month. For recovery of the EMI the lending institutions/Banks they adopt illegal and violent methods, which are against law and order. They snatch the vehicles from the borrowers. Sometimes these things turn violent nd physical injuries are caused to the people/borrowers. When still several sectors are facing slump and even after 31st August they will not be able to pay the debts than such incidents will occur which will create more disturbances in the Nation. Petitioner also receives threatening calls During this period. Recently a very terrible incident took place in Agra. Employees of a finance company allegedly seized control of a bus with passengers sitting inside in Uttar Pradesh’s Agra on Wednesday over non-payment of loan taken by the owner of the vehicle.The incident reportedly took place in the Malpura police station in Agra UP on Wednesday morning when the bus was Enroute to Gwalior in Madhya Pradesh from Gurgaon in Haryana, according to the police. As per initial reports, some men stopped the private bus after it crossed Raigad Toll near New Southern Bypass in Agra. The recovery agents of the finance company allegedly seized control of the vehicle as 34 people sat inside. People who got off the bus informed the police that representatives 16 FOR THIS ACT OF KINDNESS THE PETITIONER/APPLICANT HEREIN AS IN DUTY BOUND SHALL EVER PRAY. DRAWN ON- 20.08.2020 FILED ON – 21-08-2020 DRAWN BY FILED BY Vishal Tiwari (Advocate Supreme court of India) S/o. Mahendra Prasad Tiwari Age 37, R/o. B-2, Indira Gandhi Nagar, Bharatpur, Rajasthan. 321001 At present House No.1,Nangli Razapur Near Sarai Kale Khan Nizamuddin East. 110013 Mobile 9887681097, e-mail- [email protected] PETITIONER IN PERSON 17. IN THE HON’BLE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) PUBLIC INTEREST LITIGATION WRIT PETITION (CIVIL) NO.___________ OF 2020 AFFIDAVIT IN THE MATTER OF : Vishal Tiwari ... Petitioner Versus Union of India and ors. ... Respondent A F F I D A V IT I, Vishal Tiwari (Advocate Supreme court of India) S/o. Mahendra Prasad Tiwari Age 37, R/o. B-2, Indira Gandhi Nagar, Bharatpur, Rajasthan. 321001 At present House No.1,Nangli Razapur Near Sarai Kale Khan Nizamuddin East. 110013, at present New Delhi: 1. That I am the petitioner in person of the above Petition (PIL), I am well acquainted with the facts and circumstances of the case, and as such, I am competent to swear this affidavit. 18. 2. The Petitioner does not have any personal interest or any personal gain or private motive or any other oblique reason in filing this Writ Petition in Public Interest. The Petitioner has not been involved in any other civil or criminal or revenue litigation, which could have legal nexus with the issues involved in the present Petition. No similar petition has been filed before this court and any High court. DEPONENT VERIFICATION: Verified at New Delhi on this 21st day of aUGUST, 2020, that the facts stated herein are true to the best of my knowledge and belief, no part of it is false and nothing material has been concealed therefrom. DEPONENT 21 Extension of the moratorium period for at least three months from 31st August, 2020 to 31st December, 2020 [ Last Moratorium Extension Circular RBI/2019-2020/244 DOR. No. BP.BC. 71/21.04.048/2019-2020] till the time court reopens with the direction to all the banks to kindly adhere to the same so as to bring a relief for the public interest at large wherein a lot of legal professionals and also other sectors like transport, Tourist Industry are helpless in this situation. 2. The petitioner for the sake of brevity has avoided to repeat the averments made in the accompanying contempt petition as the petitioner has comprehensively and substantially substantiated the material facts and relied upon the averments made herein and the averments made therein may kindly be read as part and parcel of this application. 3. That the petitioner to appear and argue in person in the above mentioned case as he himself is an Advocate, practicing in the Supreme Court of India, he is the member of Supreme Court of India, he is the member of Supreme Court Bar Association and he is well conversant with the facts and circumstances of the case. The 22. petitioner wants to appear and argue IN-PERSON and he does not want any Advocate. PRAYER In the above circumstances it is therefore most respectfully prayed that this Hon’ble Court may pleased to : (a) to the petitioner to appear and argue in person in this petition; (b) Pass such other order or orders as this Hon’ble would deem fit and proper in the facts and circumstances of the case. AND FOR THIS ACT OF KINDNESS THE PETITIONERS AS DUTY BOUND SHALL EVER PRAY. Filed by: Vishal Tiwari Advocate Supreme Court of India Petitioner-in Person Mobile- 9887681097 E-mail- [email protected] 23. IN THE HON’BLE SUPREME COURT OF INDIA (CIVIL ORIGINAL JURISDICTION) PUBLIC INTEREST LITIGATION I.A NO__________2020 IN WRIT PETITION (CIVIL) NO.___________ OF 2020 IN THE MATTER OF : Vishal Tiwari ... Petitioner Versus Union of India and ors. ... Respondent AN APPLICATION FOR EXEMPTION FROM FILING DULY AFFIRMED AFFIDAVIT To, The Hon’ble Chief Justice and his Companion judges of the Hon’ble Supreme Court of India The humble petition of The above named petitioner MOST RESPECTFULLY SHOWETH: 1. That the above-mentioned writ Petition criminal (PIL) is being filed by the petitioner under Article 32 of the Constitution of India