Thanks for this contentious issue!! Nobody dares to 'teach' rules to the Hon'ble judge.
But this is happening. Many a times during arguments, judge hardly see the material on record, openly make comments 'don't expect me to read all these!'
Several sections in Contract Law/cognate acts are effective, subject to an 'agreement to the contrary'. Therefore nothing is inherently wrong if a party/borrower agrees to such an agreement.