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2025 Supreme(Online)(Ker) 54257

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
MS.MINI MARSON – Appellant
Versus
M/S. SOUTH INDIAN BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: C.K.MOHANAN, RAJAN K., SREEJA MOLE M.N., MOHAMMED ASLAM T.K, SUDARSAN K.
For the Respondents: MOHAN JACOB GEORGE, P.V.PARVATHY

JUDGMENT

(Dated this the 7th day of November 2025)

The petitioner, who is the Director of "M/s Tube Links,"

availed several financial facilities from the respondents, including a Cash Credit loan, an Emergency Credit Line Guarantee Scheme (ECLGS), and a Term Loan. The petitioner's husband was the borrower and her son acted as the guarantor, with necessary collateral securities executed for the assistance. The Cash Credit account was opened on 30.09.2021, and its outstanding balance as of 11.01.2023, was Rs. 5,02,64,486/-. The ECLGS, which was availed on 08.06.2020, had an outstanding balance of Rs.1,00,47,796.20 as of the same date. The Term Loan, also taken on 30.09.2021, showed an outstanding amount of Rs.85,50,379.90 as of 11.01.2023.

2. Following the COVID-19 pandemic, loan repayments became irregular, leading to the accounts being declared a Non- Performing Asset (NPA). Consequently, the 2nd respondent issued a notice under Section 13(2) of the SARFAESI Act . After this notice, the company attempted to regularize the accounts by mobilizing funds and making partial payments totalling Rs.2,23,39,651/-, which the bank applied to the Cash Credit Account. Despite these payments, the

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