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2025 Supreme(Online)(Ker) 37366

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ
THE CHOLAMANDALAM INVESTMENT AND FINANCE COMPANY LTD., THIRUVANANTHAPURAM HE BRANCH – Appellant
Versus
SANDEEP DAMODARANVELAR – Respondent


Advocates:
For the Appellants/Petitioners: Sri. Sabu S. Kallaramoola
For the Respondents: Not mentioned

Table of Content
1. writ appeal filed to challenge loan regularisation payment conditions. (Para 1 , 2)
2. arguments regarding the writ petition's maintainability (Para 3 , 4 , 6)
3. bank raised maintainability issues of the writ petition. (Para 5)
4. judgment discusses limitations of high court intervention under specific financial statutes. (Para 7 , 8)
5. court disposed of the appeal and set aside the single judge's judgment. (Para 9)

Anil K. Narendran, J.

The respondent in W.P.(C)No.17413 of 2025 has filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act, 1958 , challenging the judgment dated 12.06.2025 of the learned Single Judge in that writ petition, which was one filed by the respondent herein-writ petitioner seeking a writ of mandamus commanding the appellant Bank to regularise his loan account (Home Equity Loan No.HE01RIV00000028089) covered by Ext.P2 statement of accounts dated 29.04.2025, on payment of overdue amount in ten monthly instalments, along with regular EMI. The petitioner has also sought for stay of eviction from the residential building bearing No.VP 55 in Tholicode Village.

2. On 12.06.2025, when this writ petition came f

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