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2021 Supreme(Ker) 476

S.MANIKUMAR, SHAJI P.CHALY
WE BUILD (P) LTD. – Appellant
Versus
STATE BANK OF INDIA – Respondent


Advocates:
Advocate Appeared:
For the Appellant : K.P.DANDAPANI (SR.), SRI.MILLU DANDAPANI
For the Respondent: SRI. R.S.KALKURA, SRI.P.VIJAYAKUMAR, Adv

JUDGMENT :

S. MANIKUMAR, J.

Instant appeal is filed being aggrieved by the judgment dated 15.10.2020 in W.P.(C) No. 12035 of 2020.

2. Facts leading to the writ appeal are that appellant is a private limited company incorporated under the Companies Act, 1968, by engineers and other professionals. In the year 2009, appellant approached the erstwhile State Bank of Travancore, Poojapura Branch, for expanding business. The Directors of appellant company mortgaged 5 items of property, out of which, 2 items are residential building. Those 5 items of property are treated as secured assets. Loan arrangement was a cash credit overdraft limit. The sanctioned limit of the loan was Rs.987 lakhs, including bank guarantee. The operating level of aggregate CCOD level was tentatively fixed as Rs.657 lakhs.

3. Thereafter, when the State Bank of Travancore was acquired by the State Bank of India, it was intimated by the respondent Bank that adhoc OD limit of Rs.4 lakhs sanctioned by Exhibit P2 would remain closed and Exhibit P5 notice was issued intimating that the loan account has already been decla

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