IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE THE CHIEF JUSTICE MR.H.L.DATTU & THE HONOURABLE MR. JUSTICE K.M.JOSEPH MONDAY, THE 3RD MARCH 2008 / 13TH PHALGUNA 1929 W.A.No. 517 of 2008 ---------------------------- AGAINST THE JUDGEMENT IN WPC.37828/2007 DATED 28.1.2008 .................... APPELLANT/PETITIONER: ------------------------------------- SAVITHA SALIM, 21(5/26) SAVITHA COTTAGE, ATTUKAL, CHULLIMANOOR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.S.SWATHY KUMAR RESPONDENTS/RESPONDENTS: ----------------------------------------------- 1. THE HONKONG AND SHANGHAI BANKING CORPORATION LTD, P.O BOX NO.2244, VELLAYAMBALAM, THIRUVANANTHAPURAM, REP. BY ITS CHIEF MANAGER. 2. THE AUHTORISED OFFICER THE HONKONG AND SHANGHAI BANKING CORPORATION LTD, P.O BOX NO.2244, VELLAYAMBALAM, THIRUVANANTHAPURAM. BY ADV. SRI.K.K.M.SHERIFF THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 03/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: H.L.DATTU, C.J. & K.M.JOSEPH, J. ------------------------------------------ W.A.No.517 of 2008 ------------------------------------------ Dated, this the 3rd day of March, 2008 JUDGMENT H.L.Dattu, C.J. Section 13(2) notice issued by the respondent Bank in exercise of their powers under the provisions of the Securitisation and Reconstruction of Financial Assets and Enforcement of Security Interest Act, 2002 was the subject of the writ petition. Before the learned Single Judge, the learned counsel who was appearing for the petitioner, only requested to grant him some instalment facility to discharge the entire loan liability. 2. The learned Single Judge taking sympathetic view in the matter has granted some instalments to the petitioner to discharge the entire loan liability. The petitioner is not satisfied with the instalment facility so granted by the learned Judge and that is how he is before us in this appeal. 3. We do not intend to encourage this type of litigations. After requesting the learned Judge to grant some instalment facility to discharge the entire loan liability and the learned Judge granting the said relief, petitioner cannot assail the said order on the ground that some more instalments should have been granted. W.A.No.517 of 2008 2 4. Therefore, we do not see any error in the orders passed by the learned Single Judge which would call for our interference in this appeal. Therefore, the writ appeal requires to be rejected and it is rejected. Ordered accordingly. (H.L.DATTU) CHIEF JUSTICE (K.M.JOSEPH) JUDGE vns