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2021 Supreme(Online)(KER) 38774

HIGH COURT OF KERALA
N. NAGARESH, J
V.N. PUBLIC HEALTH AND EDUCATIONAL TRUST – Appellant
Versus
INDIAN OVERSEAS BANK – Respondent


Advocates:
S.VINOD BHAT, ANAGHA LAKSHMY RAMAN, GREESHMA CHANDRIKA.R, SRI.SUNIL SHANKAR

JUDGMENT

Dated this the 20th day of December, 2021 The petitioners have approached this Court seeking to direct the respondent to disburse Ext.P1 loan as per the terms and conditions laid down thereunder and to declare that the stand adopted by the respondent in refusing to disburse the amounts to the petitioners, is unsustainable in law.

2. The 1st petitioner, a registered Charitable Trust running Educational Institutions and 300 bedded hospital at Walayar, Palakkad, applied for a term loan from the respondent–Bank. The respondent–Bank sanctioned an `

amount of 4.28 crores as loan to the petitioners. Subsequently, the Bank informed as per Ext.P2 that the Bank shall not release the sanctioned term loan to the petitioners. In Ext.P2 communication, the Bank took into account the pending civil proceedings between the petitioner and one Mr.Ravi Balan. It is aggrieved by Ext.P2 communication that the petitioner is before this Court.

3. The learned counsel for the petitioners submitted that the respondent does not have any authority to withhold the disbursal of the amount sanctioned as per Ext.P1 letter. The decision in Ext.P2 not to disburse the amount to the petitioner is contrary to the

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