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2026 Supreme(Online)(Ker) 122

IN THE HIGH COURT OF KERALA AT ERNAKULAM
MR. ANIL K. NARENDRAN, MR. MURALEE KRISHNA S., JJ
THE AUTHORIZED OFFICER AND CHIEF MANAGER KERALA GRAMIN BANK – Appellant
Versus
M/S. PRAJITH BUILDERS & DEVELOPERS PRIVATE LIMITED – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.JAWAHAR JOSE, SHRI.AUGUSTINE P., SHRI.SANAND RAMAKRISHNAN, SMT.CISSY MATHEWS, SHRI.GREGORY PRINCE MYLADI
For the Respondents: SMT.NISHA GEORGE, SRI.GEORGE POONTHOTTAM (SR.)

JUDGMENT

Muralee Krishna S., J.

The 4th respondent in W.P.(C)No.21833 of 2024 filed this writ appeal under Section 5(i) of the Kerala High Court Act, 1958 , challenging the judgment dated 14.08.2024 passed by the learned Single Judge in that writ petition.

2. W.P.(C)No.21833 of 2024 is filed by respondents 1 and 2 herein under Article 226 of the Constitution of India seeking the following reliefs:

"i) Issue a writ calling for the records leading to Ext-P9 in relation to SA 530/2022 on the file of the 3rd respondent and to pass appropriate orders to meet the ends of justice;

ii) Issue a writ declaring that the manner in which respondents 2 and 3 are performing its statutory duty, is defeating the very purpose of conferring of quasi-judicial power on the said authority, which can be seen from any order that is passed by respondents 2 and 3”

3. The 1st respondent herein is a private limited company managed by the 2nd respondent. Going by the pleadings in the writ petition, the 1st respondent is engaged in the business of construction and it had availed an overdraft facility to the limit of Rs.70 lakhs on 29.06.2017 from Kerala Gramin Bank (‘the Bank’ for short). When there was default in

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