IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.K.ABDUL REHIM TUESDAY, THE 24TH NOVEMBER 2009 / 3RD AGRAHAYANA 1931 WP(C).No. 33706 of 2009(G) ------------------------------- PETITIONER: ------------- RAMLA BEEVI, W/O. SAINULABEEN AGED 40 YEARS, THEKKECHARUVILA HOUSE, NEDUMPANAN.P.O., KANNANALLOOR, KOLLAM. BY ADV. SRI.M.L.SURESH KUMAR RESPONDENT: --------------- THE INDIA OVERSEAS BANK, KOLLAM BRANCH, P.B.NO.506, MUSALIAR BUILDINGS, CHINNAKKADA, KOLLAM. STANDING COUNSEL SRI. P.B.SURESH KUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/11/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.K.ABDUL REHIM, J. --------------------------------------------------- W.P.(C) No. 33706 OF 2009 ---------------------------------------------------- Dated this the 24th day of November, 2009 JUDGMENT 1. Challenge in this writ petition is against Ext.P2 notice issued by the respondent Bank. The petitioner inter alia seeks direction to the respondents to release the remaining loan amount and margin money to the tune of Rs.2,50,000/-. On a perusal of Ext.P2, it is revealed that the same is not a notice issued under the 'SURFAESI Act', as contended by the petitioner. On the other hand it is only a demand notice, wherein it is threatened that on failure to make payment of the amounts within the date stipulated therein. 2. Whether the challenge against Ext.P2 can be entertained in a writ petition is the question to be decided first. The petitioner has not impleaded the authorized officer under the ‘SARFAESI Act'. The disputes relating to W.P.(C).NO.33706/2009 2 the loan transaction, otherwise than any proceedings under the 'SURFAESI Act' is coming purely within the realm of contractual obligations, for which writ jurisdiction of this Court under Article 226 of the Constitution of India cannot be invoked. Hence it is clear that the writ petition is highly misconceived. 2. Accordingly, the writ petition is dismissed without prejudice to rights of the petitioner to challenge proceedings if any initiated under the ‘SARFAESI’ Act, or without prejudice to rights of the petitioner to resort to civil remedy available under law with respect to the disputes pertaining to the loan transactions in question. C.K.ABDUL REHIM, JUDGE SS/.