IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM THURSDAY, THE 31ST MARCH 2011 / 10TH CHAITHRA 1933 WP(C).No. 9655 of 2011(F) --------------------------------------- PETITIONER(S): ------------------------ PUSHPAGIRI, W/O. LATE THULASIDAS, PARINKAMAN VILA VEEDU, CHERUNNIYOOR VILLAGE, VARKALA, THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.M.DINESH RESPONDENT(S): -------------------------- 1. BRANCH MANAGER, CATHOLIC SYRIAN BANK LTD VARKALA. 2. ZONAL MANAGER, CATHOLIC SYRIAN BANK LTD. THIRUVANANTHAPURAM. BY ADV. MR.C.A. JOY, SC. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs C.K.ABDUL REHIM, J. ------------------------------------------- W.P.(C).No.9655 of 2011 ------------------------------------------- Dated this the 31st day of March, 2011 J U D G M E N T ---------------------- Petitioner is a widow, whose deceased husband had availed a loan from the respondent Bank. Consequent to default committed, the Bank had filed a civil suit and obtained a decree against the petitioner's husband. Steps initiated for execution is now pending before the civil court. From Ext.P2 it is evident that the petitioner had approached the execution court seeking permission for payment of the decree debt, in instalments. It is further evident from Ext.P3 that the petitioner had also approached the respondent Bank to permit settlement of the loan account under the 'One Time Settlement' scheme, by waiver of amounts to the possible extent. In this writ petition the petitioner is seeking direction against the respondents for consideration of Ext.P3 and for a further direction to restrain the respondents from taking any action of recovery till the disposal of Ext.P3. 2. From Ext.P3 it is evident that, the relief sought for is a matter coming purely within the purview of contractual obligations arising out of the loan transaction. It is not a matter for this court to entertain under Article 226, because the W.P.(C).9655/11 -2- petitioner is not seeking to enforce any statutory rights. However, it is left open to the petitioner to seek appropriate relief by pursuing the matter before the respondent Bank, as well as to pursue appropriate reliefs from the execution court. 3. Therefore the writ petition is dismissed without prejudice to rights of the petitioner to pursue the matter before appropriate authority as observed above. C.K.ABDUL REHIM, JUDGE. okb