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2026 Supreme(Online)(Ker) 6320

IN THE HIGH COURT OF KERALA AT ERNAKULAM
GOPINATH P., J
PETERKUTTY K. V – Appellant
Versus
KERALA STATE CO-OPERATIVE BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.P.M.UNNI NAMBOODIRI
For the Respondents: SMT.K.AMMINIKUTTY, SRI. V.K MANOJ KUMAR (SC)

J U D G M E N T

The petitioner availed a loan from the first respondent bank.

On default being committed, the bank initiated proceedings for recovery of the amount due from the petitioner. The petitioner is before this Court stating that, at the time of availing the loan and on the instructions of the respondent bank, the petitioner had taken a ‘Unihome Care Insurance Policy’ from the third respondent and that though the house of the petitioner has been damaged due to natural calamities, the third respondent insurance company repudiated the claim made by the petitioner.

2. The learned counsel appearing for the respondent bank would submit that the outstanding liability of the petitioner as on 09.01.2026 is Rs.4,61,976/-(Rupees Four lakh Sixty One Thousand Nine Hundred and Seventy Six only). It is also submitted that there is another loan sanctioned to the wife of the petitioner and that the outstanding amount under the said loan is Rs.58,120/-. It is submitted that the repayment of the loan is independent of the insurance policy taken out by the petitioner, and therefore, the petitioner cannot be heard to contend that he is liable to pay the amounts due to the bank only if his claim

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