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2026 Supreme(Online)(Ker) 33022

IN THE HIGH COURT OF KERALA AT ERNAKULAM
Harisankar V. Menon, J
Radhakrishnan Nair – Appellant
Versus
Canara Bank – Respondent


Advocates:
For the Appellants/Petitioners: Sergi Joseph Thomas, K.P.Prasanth
For the Respondents: Pauly Mathew Muricken, P.V.Anoop, Phijo Pradeesh Philip, M.P.Priyeshkumar, K.V.Sreeraj, Asha Jose

Table of Content
1. factual background regarding gold loans and auction notices. (Para 1 , 2 , 4)
2. petitioner's contention regarding waiver of interest due to circumstances. (Para 5 , 6 , 7)
3. court deliberation on liability and validity of auction proceedings. (Para 8 , 9 , 10 , 11 , 12)
4. final order dismissing the petition while allowing liberty to negotiate. (Para 13)

J U D G M E N T

The petitioners are husband and wife. The 2nd respondent is the sister of the 1st petitioner. The petitioners had pledged certain gold ornaments with the 1st respondent Bank and availed themselves of certain credit facilities.

2. The petitioners contend that the 1st respondent Bank issued Ext.P1 notice dated 29.10.2021, proposing to auction the pledged gold ornaments if the liability was not discharged within 15 days from the date of receipt of the notice. The petitioners further state that, upon receipt of Ext.P1, they sought to issue a lawyer's notice, as evidenced by Ext.P2, pointing out that the action proposed by the 1st respondent Bank was unjustified. 3. In reply, the Bank issued Ext.P3 reply notice, making reference to certain police complaints filed by the 2nd respondent herein, as well as t

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