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2026 Supreme(Online)(Ker) 9005

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
M/S.CHIRAKEKARAN GLASS HOUSE PVT. LTD – Appellant
Versus
BANK OF INDIA – Respondent


Advocates:
For the Appellants/Petitioners: Sri.C.Ajith Kumar, Shri.Rajeevu L.G., Smt.Varsha S.S.
For the Respondents: Shri.Jawahar Jose, Shri.Augustine P.

JUDGMENT

Dated this the 10th February, 2026 The Petitioner is a Private Limited Company having Ext.P1

1.

Registration as MSME. The Petitioner had availed one Cash Credit Loan and two Term Loans from Dhanlaxmi Bank. As per Ext.P2 dated 07.03.2024, the Respondent Bank sanctioned one Cash Credit Loan and four Term Loans for a total amount of Rs.24.75 Crores. The Cash Credit Loan and Term Loan Nos.I & II mentioned in Ext.P2 Sanction Letter were takeover loans which were availed from Dhanlaxmi Bank. The rate of interest for the Cash Credit Loan and Term Loan Nos.I & II was 9% per annum as against the applicable rate of 9.25% per annum. The rate of interest of the Term Loan Nos.III & IV was 9.55% per annum as against the applicable rate of 10.05% per annum. The credit facilities granted as per Ext.P2 are subject to annual review. Clause No.1 of the Post Disbursement Terms and Conditions provides that the credit facilities will remain in force for a period of one year and are subject to annual review, and the next annual review will fall due on or before 06.03.2025, and the comprehensive review should be completed within three months from the review due date. Clause No.8 provides that in c

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