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2026 Supreme(Online)(Ker) 14876

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
ZULFIQUAR MARIKAR – Appellant
Versus
CANARA BANK – Respondent


Advocates:
For the Appellants/Petitioners: SRI.AJIT JOY
For the Respondents: SHRI.M.GOPIKRISHNAN NAMBIAR, SHRI.K.JOHN MATHAI, SRI.JOSON MANAVALAN, SRI.KURYAN THOMAS, SHRI.PAULOSE C. ABRAHAM, SHRI.RAJA KANNAN, SMT.AKHILA NAMBIAR

BASANT BALAJI J ======================

W.P. (C) No. 39699 of 2025 ========================

Dated 27th day of February 2026 JUDGMENT The writ petition has been filed under Article 226 of the Constitution of India seeking the following reliefs:-

1. Declare that the respondent Bank is not entitled to retain or continue any mortgage, lien, or charge beyond the said limited contracted liability of the SBLC of Rs.4.5 Crores;

2. Issue a Writ of Certiorari or other appropriate writ, order, or direction quashing Exhibit P-9 communication dated 12.09.2025 issued by the Ist respondent declining release of the Kalamassery properties;

3. Issue a Writ of Mandamus or other appropriate writ, order, or direction directing the 1st respondent Bank to release the two mortgaged properties situated at Kalamassery, Ernakulam District and its title deeds and related documents to the petitioner within a time limit as stipulated by this Hon’ble Court, except the Thiruvananthapuram property, which alone may be retained to secure the limited liability of Rs.4.5 Crores under the pending O.S. proceedings.

4. Direct the respondents to pay an amount of Rs. 8,75,000/- as compensation as on 21.10.2025 and for further

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