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IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
WESTFORT REALTORS PVT. LTD. – Appellant
Versus
CANARA Bank – Respondent
| Table of Content |
|---|
| 1. loan sanctioned and cancellation request made before agreement execution. (Para 1 , 2) |
| 2. counter affidavit highlights contractual obligations. (Para 3 , 4) |
| 3. arguments regarding contract and payment obligations. (Para 5 , 6 , 7) |
| 4. court's observations on executed agreements and contractual rights. (Para 8 , 9 , 10) |
| 5. final ruling on the dismissal of the writ petition. (Para 11 , 12) |
JUDGMENT
1.
The Petitioner is a private limited company, which got sanction of a loan of Rs.25 Crores from the Respondent/Bank. The Petitioner has filed this Writ Petition challenging Ext.P5 Communication dated 02.09.2025, refusing to cancel the loan in reply to Ext.P4 Request dated 23.08.2025 for cancellation of the loan and Ext.P6 Communication demanding a total amount of Rs.26,62,500/- which consists of upfront fee of Rs.15,62,500/-, project appraisal fee of Rs.5,00,000/-, Escrow charges of Rs.5,00,000/- and documentation fee of Rs.1,00,000/- and GST.
2. The loan was sanctioned to the Petitioner as per Ext.P2/R1(d)
Sanction Letter dated 12.05.2025. According to the Petitioner, the Petitioner paid Rs.5,00,000/- towards processing charges with Rs.90,000/- towards GST. The Petitioner did
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