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2026 Supreme(Online)(Ker) 13657

IN THE HIGH COURT OF KERALA AT ERNAKULAM
M.A.ABDUL HAKHIM, J
HAILEYBURIA TEA ESTATES LIMITED – Appellant
Versus
THE SOUTH INDIAN BANK LTD – Respondent


Advocates:
For the Appellants/Petitioners: SRI.JOSEPH MARY DAS, SMT.DEVIKA S., SMT.ARCHANA SUBHASH K.
For the Respondents: SHRI.SUNIL SHANKER, SMT.VIDYA GANGADHARAN

JUDGMENT

Dated this the 20th day of February, 2026

1. The Petitioner No.1 is a public limited company engaged in tea plantation and claims ownership of three tea estates having a total area of approximately 2,292 Acres. The Petitioner Nos.2 to 5 are its Directors/Officers. The Petitioner No.1 availed three credit facilities from the Respondent No.1/Bank in the year 2019, mortgaging the said three tea estates, on migration of the financial facilities which were availed from HDFC Bank. The financial facilities are Cash Credit - Agricultural Loan (CC-AL), Cash Credit - Overdraft Limit (CC-OL), and ECLGS Term Loan. The Petitioner Nos.2 to 5 are the personal guarantors to the said credit facilities. The Petitioners are aggrieved by the classification of the credit facilities availed by the Petitioners as Non-Performing Asset (NPA) with effect from 04.11.2025 and the consequent invocation of personal guarantees of the Petitioner Nos.2 to 5 and debit freezing of the accounts of the Petitioner No.1. According to the Petitioners, the loans have not become NPA as the overdue amount required for regularisation is only Rs.2,22,300/-, whereas the account of the Petitioner No.1 as from the date

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