IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE A.K.BASHEER THURSDAY, THE 12TH JUNE 2008 / 22ND JYAISHTA 1930 WA.No. 1216 of 2008 ----------------------------- AGAINST THE JUDGEMENT IN WPC.7429/2008 Dated 10/03/2008 .................... APPELLANT / PETITIONER: -------------------------------------- M.BASHEER, S/O.MOHAMMEDKANNU, KAITHAKKONAM HOUSE, KATTAKADA P.O., THIRUVANANTHAPURAM. BY ADV. SRI.TOM K.THOMAS RESPONDENTS / RESPONDENTS: ------------------------------------------------- 1. THE CHIEF MANAGER, STATE BANK OF INDIA, ZONAL OFFICE, LMS COMPOUND, THIRUVANANTHAPURAM 695 033. 2. THE ASSISTANT GENERAL MANAGER, STRESSED ASSETS RESOLUTION CENTRE, STATE BANK OF INDIA, LMS COMPOUND, THIRUVANANTHAPURAM 695 033. BY SRI.P.V.SURENDRANATH, SC FOR BANK THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 12/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & A.K.BASHEER, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No.1216 OF 2008 - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 12th day of June 2008 JUDGMENT H.L.DATTU, C.J. This writ appeal is directed against the order passed by the learned Single Judge in Writ Petition No.7429/08 dated 10th March, 2008. 2. Before the learned Single Judge the one and the only argument that was canvassed by the learned counsel for the petitioner is that, he wants to avoid the sale of the immovable property by the respondent Bank and therefore some indulgence may be shown to him to pay off the amounts due to the Bank. The learned Single Judge taking a very sympathetic view of the matter has permitted the petitioner to pay the amounts due to the bank in easy instalments. Even the most beneficial and harmless order passed by the learned Single Judge is questioned by the petitioner in this writ appeal. 3. Admitted facts are, petitioner is a defaulter in repaying the amounts due to the Bank. To recover the amounts due from the petitioner, the Bank has initiated proceedings to take possession of the property mortgaged while availing the loan facility. Since the petitioner has defaulted in repaying the loan amounts due to the Bank, they have resorted to the extreme measures of taking possession of the mortgaged property and to bring it for sale for recovering the amounts due to them. 4. These are all matters which fall under the provisions of the Contract Act. The loan transaction and its repayment is documented by way of agreement between the parties. The clauses in the agreement requires to W.A.No.1216 OF 2008 :: 2 :: be strictly complied with by the parties to the agreement/contract. In the instant case, the petitioner has agreed to all the terms and conditions of the agreement and at this stage he cannot re-assail from the covenants in the agreement. That only means, he is bound by each one of the clauses in the agreement, which include repayment of the amounts borrowed within the time stipulated in the agreement. If he commits any default, the bank has every right to recover the amounts due from the petitioner by adopting the available modes. In the instant case, they have resorted to those procedures for recovering the amounts due to the Bank. 5. Learned Single Judge has extended his helping hand to the petitioner and has granted some instalment facilities to pay off the amounts due to the Bank. This beneficial and most harmless order, in our view, ought not have been made a subject matter of writ appeal. In that view of the matter, we decline to entertain this writ appeal. It is accordingly rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (A.K.BASHEER) JUDGE jes/dk.