IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 9165 of 2008(N) ------------------------- PETITIONER: ------------- M.S.ANTONY, S/O M.K.SEBASTIAN, AGED 40 YEARS, MATTAMMAL HOUSE, VAZHAKKALA, ERNAKULAM. BY ADV. SRI.JOSE TOM C. KANDATHIL RESPONDENTS: ----------------- 1. THE SALE OFFICER, STATE BANK OF INDIA HAVING ITS CORPORATE OFFICE AT STATE BANK BHAVAN, MADAME CAMA ROAD, MUMBAI-400 021. 2. S B I CHENGANNUR, REPRESENTED BY ITS BRANCH MANAGER, CHENGANNUR BRANCH, M C ROAD, CHENGANNUR. 3. VIJAYAPRASAD, S/O KARUNAKARAN PILLAI, PROPRIETOR, PREMIER STEEL & ALUMINIUM INDUSTRIES, MUNDANCAVU, CHENGANNUR. 4. L. REMADEVI, W/O VIJAYAPRASAD, KANNANGATTU HOUSE, MUTHUVAZHI, PANDANAD POST, CHENGANNUR. R1 & R2 BY SRI.V.V.SURENDRANATH, SC, SBI. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. ----------------------------------------------- W.P.(C) No. 9165 OF 2008 ----------------------------------------------- Dated this the 18th day of March, 2008 JUDGMENT A guarantor of a loan availed of by the 3rd respondent is the petitioner. Following the default that were committed by the principal debtor, proceedings were initiated under the Securitisation Act and that was challenged by the principal debtor himself before this Court and that writ petition was disposed of by judgment dated 11.03.07 granting an installment facility and incorporating a default clause. Evidently, no payments were made and the Bank continued the proceedings. It is at that stage, the guarantor has now filed this Writ Petition. Since the principal debtor had already availed the facility as noticed above and as it was on account of default that was committed that proceedings are continued, I am not inclined to exercise my discretionary jurisdiction and come to the rescue of the petitioner. If the petitioner is aggrieved, he may seek appropriate statutory remedies. The Writ Petition is disposed of as above. ANTONY DOMINIC, JUDGE ttb WPC No. 6246 OF 2008 2 WPC No. 6246 OF 2008 3