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2026 Supreme(Online)(Ker) 5750

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
PATHUKUTTY ALIAS PATHUMMA – Appellant
Versus
INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.ANTONY JOSE
For the Respondents: SRI. BINOY VASUDEVAN

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE BASANT BALAJI TH WEDNESDAY, THE 28 DAY OF JANUARY 2026 / 8TH MAGHA, 1947 WP(C) NO. 3153 OF 2026 PETITIONER/S:

PATHUKUTTY ALIAS PATHUMMA, AGED 84 YEARS W/O. LATE MOITHEEN,DIRECTOR, M/S NOOH EXPORTS AND IMPORTS PVT. LTD.,RESIDING AT HOUSE NO. 1312, MTRA-48, KARIYAPILLY HOUSE, CHUTTUPADU KARA, NEAR ST. GEORGE L.P.SCHOOL,EDAPPALLY P.O., ERNAKULAM, PIN - 682024 BY ADV SHRI.ANTONY JOSE RESPONDENT/S:

INDIAN BANK, KALAMASSERY BRANCH,FIRST FLOOR, AKKM TOWER, CUSAT JUNCTION,SOUTH KALAMASSERY, ERNAKULAM,REPRESENTED BY ITS AUTHORISED OFFICER, PIN - 682022 OTHER PRESENT:

SRI. BINOY VASUDEVAN, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.01.2026, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

BASANT BALAJI J ======================

W.P. (C) No. 3153 of 2026 ========================

Dated 28th day of January 2026 JUDGMENT The petitioner is a Director of M/s. Nooh Exports and Imports Pvt. Ltd. For the business purposes of the said company, the petitioner had availed a secured overdraft facility of ₹40,00,000/- (Rupees Forty Lakhs only) from the respondent Bank in the year 2014. To secure the said loan, the

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