IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:- THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.PADMANABHAN NAIR FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 W.A.No.918 of 2008 --------------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.7609/2008 DATED 28/03/2008 .................... APPELLANT/PETITIONER:- -------------------------------------- WILFRED JOSE DENNISON LILLYBAI, KUNNUVILA VEEDU, THOZHUKAL, NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI SRI.S.S.HUSSAIN SRI.P.K.NIJOY RESPONDENTS/RESPONDENTS:- ------------------------------------------------ 1. THE AUTHORISED OFFICER, HONGKONG AND SHANGHAI BANKING CORPORATION LTD., P.O.BOX: 2244, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010. 2. HONGKONG AND SHANGHAI BANKING CORPORATION LTD., P.O.BOX:2244, VELLAYAMBALAM, THIRUVANANTHAPURAM - 695 010, REPRESENTED BY ITS MANAGING DIRECTOR. BY ADV.SRI.K.K.M.SHERIF. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:- H.L.DATTU, C.J. & K.PADMANABHAN NAIR, J. ------------------------------------------------------------------ W.A.No.918 of 2008 ------------------------------------------------------- Dated, this the 11th day of April, 2008 JUDGMENT H.L.Dattu, C.J. This appeal is directed against the orders passed by the learned Single Judge in W.P.(C) No.7609/2008 dated 28-3-2008. (2). In fact, in the impugned order, the learned Single Judge has granted 15 instalments to pay off the amounts due to the respondent Bank. In our view, the most harmless order passed by the learned Single Judge ought not have been questioned in a writ appeal by the petitioner before this Court. (3). Admittedly, the appellant is a defaulter. The Bank, in order to recover the amounts due from the appellant, has initiated proceedings under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002. (4). In normal course, this Court is not expected to interfere with the initiation of the proceedings by the Bank to recover the amounts due from the defaulter. However, the learned Single Judge, taking a very sympathetic view of the pleadings of the appellant, has come to rescue the appellant by exercising his extraordinary and discretionary jurisdiction. (5). In our view, the order passed by the learned Single Judge can never be characterised as either arbitrary or perverse. Therefore, interference with the said order is not called for. Accordingly, the writ appeal W.A.No.918/2008 -2- requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.PADMANABHAN NAIR) JUDGE MS