P.N.RAVINDRAN, DEVAN RAMACHANDRAN
Indira R. Pillai @ Indiramma – Appellant
Versus
Federal Bank Ltd. – Respondent
Devan Ramachandran, J.
1. The absolute need and imperative requirement for implicit care and prudence to be employed by Banks and financial institutions while sanctioning loans and executing security documents have been restated by courts including our courts several times before. In spite of this, it is distressing that we come across cases where, purely on account of oversight or on account of deliberate design - which points suspiciously to the banks and its officials, sometimes litigations are set in motion with respect to loans and creation of security interest on the allegation that they have been done with malafides employing confutative and questionable means.
2. The case that we see here and the facts presented are virtually a text book example of what we have just said now. This is a case where the appellant alleges that her signatures were forged and security interest created against her name, even though she was not involved in the transaction at all. The modus operandi, which she alleges is employed in this case, is asserted to have been conceived by her brother, who is arrayed as a defendant in the suit who, according to the appellant, had created a power of a
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