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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Mr. Anil K. Narendran, Mr. Muralee Krishna S., JJ
THE AUTHORISED OFFICER, UNION BANK OF INDIA – Appellant
Versus
P AHAMED KOYA – Respondent
| Table of Content |
|---|
| 1. details of loans and bank's actions. (Para 1 , 2 , 3) |
| 2. interim orders regarding payment and possession. (Para 4 , 5) |
| 3. court's analysis on the merits and authority of past rulings. (Para 6) |
| 4. legal limitations on high court jurisdiction. (Para 10 , 11 , 21) |
| 5. clarification on judicial authority and statutory compliance. (Para 12 , 13) |
| 6. need for exhaustion of remedies under sarfaesi act. (Para 14 , 15 , 16) |
| 7. implications of defaults and future legal steps. (Para 23 , 24) |
| 8. final findings on the validity of interim orders. (Para 26 , 27 , 28) |
JUDGMENT
Anil K. Narendran, J.
The authorised officer of the Union Bank of India, the respondent in W.P.(C)No.35758 of 2025, has filed this writ appeal, invoking the provisions under Section 5 (i) of the Kerala High Court Act , 1958, challenging the interim orders dated 19.12.2025, 13.01.2026 and 15.01.2026 passed by the learned Single Judge in W.P.(C)No.35758 of 2025, which was one filed by the respondent herein-petitioner, who availed a cash credit loan to the limit of Rs.90,00,000/- on 19.04.2002, for a period of 12 months, subject to renewal; a housing loan for Rs.6,75,000/- on 16.04.2012, for a period of 12 years, which e
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