IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM WEDNESDAY, THE 6TH APRIL 2011 / 16TH CHAITHRA 1933 WP(C).No. 9762 of 2011(U) ------------------------------------- PETITIONER: ------------------- ANITHA ABDUL RAHMAN, W/O.ABDUL RAHMAN, AGED 42 YEARS, THACHAVALLATH HOUSE, MUPPATHADOM P.O., KADUNGALLUR VILLAGE, PARAVUR TALUK, ERNAKULAM. BY ADV. SRI.P.M.ZIRAJ. RESPONDENTS: ------------------------ 1. UNION BANK OF INDIA, NODAL REGIONAL OFFICE, UNION BANK BHAVAN, M.G.ROAD, COCHIN-682 035, REPRESENTED BY ITS CHIEF MANAGER. 2. UNION BANK OF INDIA, BINANIPURAM BRANCH, BINANIPURAM P.O., ERNAKULAM DISTRICT, REPRESENTED BY ITS MANAGER, PIN-682 035. R1 & R2 BY SRI. A.S.P. KURUP, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. C.K.ABDUL REHIM,J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 9762 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of April, 2011 J U D G M E N T The writ petition is filed seeking direction to the respondents not to proceed against the property of the petitioner on the basis of the Ext.P1 notice. It is admitted that the petitioner and her husband had availed a loan from the respondent bank for construction of a residential building. On a perusal of Ext.P1 notice it is evident that a demand for payment of the amount in default was issued by the respondent bank to the petitioner as well as her husband. Petitioner had submitted a representation on receipt of Ext.P1, as evidenced from Ext.P2, seeking indulgence for permitting payment of the amount in default by way of instalments. 2.Considering the factual aspects stated above it is evident that the issue raised in this writ petition is one coming within the relem of contractual obligation arising out of a loan transactions. Jurisdiction of this court is W.P.(C)No. 9762 OF 2011 2 vested under Article226 could not be invoked seeking any relief in that respect . However the petitioner will be at liberty to pursue her reliefs before the appropriate authority among the respondents. Hence the writ petition is dismissed without prejudice to the rights of the petitioner to seek appropriate remedy before the respondent. (C.K.ABDUL REHIM,JUDGE)