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2026 Supreme(Ker) 287

IN THE HIGH COURT OF KERALA AT ERNAKULAM
HARISANKAR V.MENON
R.S Santhosh Kumar – Appellant
Versus
South Indian Bank Ltd. – Respondent


Advocates Appeared:
For the Petitioner: Smt.M.U.Vijayalakshmi, Sri.K.Jaju Babu (Sr.), Sri.Brijesh Mohan, Sri.D.Sreekumar (Kalamassery), Kum.T.S.Athira, Shri.Sachin Ramesh, Smt.Anuja Thomas
For the Respondent: Shri.Sunil Shanker, Sri.G.Keerthivas, Shri.M.Gopikrishnan Nambiar, Shri.K.John Mathai, Sri.Joson Manavalan, Sri.Kuryan Thomas, Shri.Paulose C. Abraham, Shri.Raja Kannan, Sri. Nikhil Rajeev

Table of Content
1. facts of the petition regarding credit facilities. (Para 2)
2. petitioners' challenge to ombudsman’s decision. (Para 3 , 4 , 5)
3. court's observations on ombudsman’s lack of justification. (Para 6)
4. judicial requirement for reasoned decisions. (Para 8)
5. court ordered fresh adjudication on the complaint. (Para 10 , 11)

JUDGMENT :

Harisankar V. Menon, J.

The petitioners have obtained certain credit facilities by pledging gold ornaments with the 1st respondent herein, through its different branches. The petitioners contend that the rate of interest which ought to have been satisfied by them was 14.5% alone; however, the 1st respondent bank unilaterally increased the same to 17%, in total disregard of the guidelines issued by the Reserve Bank of India. In such circumstances, the petitioners submitted Ext.P1 complaint before Banking Ombudsman (the 4th respondent herein). The 1st respondent Bank also submitted their written statement. Later, the Ombudsman issued Ext.P3 dated 18.08.2014, finding that the Bank had sanctioned the cash credit facilities to the petitioners below the BPLR, which was changed to the above base rate, and the same was also communicated to the peti

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