IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN THURSDAY, THE 17TH DECEMBER 2009 / 26TH AGRAHAYANA 1931 WP(C).No. 36239 of 2009(O) -------------------------- OS.193/2005 of PRINCIPAL SUB COURT,KOLLAM .................... PETITIONER(S): --------------- 1. M/S. UNIVERSAL FOODS, ERAVIPUTUR KADAI, KATTATHURAI.P.O, KANYAKUMARI DISTRICT. 2. K. RAMACHANDRAN PILLAI, PARTNER, UNIVERSAL FOODS, KAVANATTU THODIYIL KIZHAKKETHIL, KILIKOLLOOR.P.O, KOLLAM -4. BY ADV. SRI.C.A.SADASIVAN SRI.S.ABU BAKER KUNJU SRI.JOY P.JOSE SRI.RAMAN JANARDHANAN SRI.SOJAN MATHEW SRI.K.N.KRISHNAN NAMBOOTHIRI RESPONDENT(S): --------------- 1. THE GENERAL MANAGER, M/S. CANARA BANK LTD., HEAD OFFICE, BANGALORE - 560 002. 2. BRANCH MANAGER, M/S. CANARA BANK LTD., ANANDAVALLESWARAM BRANCH, KOLLAM - 691 013. ADV. SRI.P.GOPINATH FOR R1 & 2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.S.SATHEESACHANDRAN, J. ---------------------------------------- W.P.(C).No.36239 OF 2009 -------------------------------- Dated this the 17th day of December 2009 ---------------------------------------------------------- JUDGMENT The writ petition is filed seeking the following reliefs. i) Issue appropriate writ,direction or order directing the respondent to give credit to the amounts transferred from the firm's current account and S.B. Accounts to the CAN mobile account No.ADV.10661. ii) Issue appropriate writ, direction or order prohibiting the respondent from taking further steps consequent to the issue of arrest warrant in E.P No.108/2007 in O.S No.193/2005 pending before the Sub Court, Kollam. iii) Issue appropriate writ, direction or order to the respondent to recalculate the actual amount due if any after hearing the petitioner. 2. Petitioners are the judgment debtors in E.P No.108 of 2007 in O.S No.193 of 2005 on the file of Sub court, Kollam. The 1st petitioner is a firm and the 2nd petitioner is a partner of that firm. 1st respondent bank is the decree holder. A decree was passed in a suit for money on the basis of a compromise entered by the parties over the suit W.P.(C).No.36239 OF 2009 Page numbers for recovery of money filed by the bank against the petitioners in respect of a loan advanced. Since the terms of the compromise were not honoured, the decree holder proceeded for execution of the decree. In execution, the petitioners/judgment debtors raised objection that some of the amount credited by them towards the loan had not been taken into account in fixing the liability, and without noticing it, the compromise decree had been passed. The execution court found no merit in such objections. Admittedly the execution court has now ordered issue of warrant against the 2nd petitioner to realise the decree debt. Now the writ petition has been filed seeking the aforementioned reliefs by the petitioners/judgment debtors invoking the supervisory jurisdiction vested with this court under Article 227 of the Constitution of India. 2. The respondents have entered appearance through their counsel. I heard the counsel on both sides. From the submissions made and taking note of the facts and circumstances presented, I find none of the reliefs W.P.(C).No.36239 OF 2009 Page numbers canvassed by the petitioners/judgment debtors can be granted invoking the visitorial jurisdiction vested with this court. With eyes wide open the petitioners/judgment debtors have entered into a compromise with the decree holder bank and accordingly a compromise decree was passed by the court. That compromise decree remains unimpeached. Liability fixed under that compromise decree disputing the quantum of amount therein advancing a case that some entries made by the bank in its registers disclose of further payments towards discharge of the loan raised by the judgment debtors to resist the execution cannot be gone into by the execution court as it is bound to execute the decree and it cannot go behind the decree. There is no merit in the writ petition, and it is closed. Sd/- S.S.SATHEESACHANDRAN, JUDGE //TRUE COPY// P.A TO JUDGE vdv