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2026 Supreme(Online)(Ker) 6916

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ABUBACKER.C.A. – Appellant
Versus
INDIAN BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.K.A.MANZOOR ALI, SHRI.SIYADUDEEN K.A., SMT.MEHARUNNISA NAJEEB, SMT.SRUTHY SAIJO
For the Respondents: ADV.SRI BINOY VASUDEVAN, SC

JUDGMENT DATED THE 30TH DAY OF JANUARY 2026 The petitioner is a businessman and he has availed financial assistance from the 1st respondent by way of business loan and overdraft facility. The loan was availed by mortgaging his residential property having an extent of 35 cents together with a two storied house. The petitioner used to repay the monthly installments on time without any default till the year 2017. It is submitted that the petitioner’s unit is situated in Thottumugham Aluva, which was badly affected by flood in 2018 and all the machineries and other equipments and the shed was damaged and destroyed. Later, in the year 2020, COVID pandemic shut down also badly affected his revamped business. Thus, the repayment of the loan was defaulted. Hence, the petitioner has approached this Court to issue a direction to the respondents regularise the loan account by permitting the petitioners to pay the loan amount in installments.

2. On 13.10.2025, an interim order was passed by this Court deferring the coercive steps against the petitioner, on condition that the petitioner shall remit an amount of Rs.7,50,000/- (Rupees Seven lakhs fifty thousand only) within one month. It is submit

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