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2025 Supreme(Online)(Ker) 46382

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MOHAMMED NIAS C.P., J
T. UNNIKRISHNAN – Appellant
Versus
SOUTH INDIAN BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.RENJISH S. MENON, SRI.T.MADHU, SMT.C.R.SARADAMANI, SRI.N.S.DAYA SINDHU, SHREE HARI, SMT.ALEENA JOSE, SMT.AVANTHIKA R.
For the Respondents: SMT. SURYA BINOY

JUDGMENT

The writ petition is filed with the following prayers:

“(a)Issue a Writ of Mandamus or any other appropriate Writ, Order or Direction, thereby directing the Respondent Bank to recall the classification of Petitioner MSME account as NPA and forward the accounts to the Stress Committee for deciding a Corrective Action Plan in accordance with the regulations in the prescribed Frame-

work; and (b) Issue a Writ of Certiorari or any other appropriate Writ, Order or Direction, thereby quashing (i) the Exhibit P6 Notice dated 06.07.2022, vide which the accounts of the Petitioner MSME were classified as NPA and (ii) all proceedings emanating from and initi-

ated in pursuance of the Exhibit P6 notice; and (c )Pass such other Order(s) and/ or Direction(s) as this Hon’ble Court, in light of the facts and circumstances of the present case, deem appropriate and necessary, in the interest of justice.”

2. The petitioner contends that he is entitled to the benefit of statutory mandates laid down by the Reserve Bank of India concerning the MSME loans and, therefore, the Bank was obliged to consider the question of restructuring before classifying the account as NPA. The petitioner contends that

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