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2026 Supreme(Online)(Ker) 7782

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
JOBAN SAM ELIAS – Appellant
Versus
THE CENTRAL BANK OF INDIA LTD. – Respondent
WP(C) NO. 3743 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.HEMANTH H., SRI.V.V.JOY
For the Respondents: SRI. K. M. ANEESH, SC

A prior dismissal of a similar petition bars subsequent writ applications addressing the same issues.

Headnote:The court analyzed the provisions relevant to the writ of mandamus and discussed the case where the petitioner sought to defer coercive proceedings by the bank. The court found that after the petitioner had previously approached the court in another writ petition which was dismissed, the current application could not be entertained as per established precedent. The key issues revolved around whether the stay of proceedings could be granted and if alternative remedies must be pursued as per guidance from precedent. The verdict concluded with the dismissal of the writ petition based on prior judgment and the established legal framework.

JUDGMENT

(Dated this the 31st day of January, 2026 The prayers in the writ petition are as follows;

“(i) To issue a writ of mandamus, or any other appropriate writ, order, or direction, directing the 2nd respondent to keep the coercive proceedings initiated pursuant to Exhibit P1 against the petitioner in abeyance and to permit the petitioner to discharge the outstanding dues in 20 monthly installments, without causing disruption to the petitioner’s family life, upon regularization of the loan account.

(ii) To issue a writ of mandamus, or any other appropriate writ, order, or direction, directing the 1st respondent to furnish a complete and accurate statement of the petitioner’s loan account.

(iii) Such other relief’s as this Hon’ble Court deems fit to grant in the nature of this case.”.

The learned counsel for the respondent submitted that the petitioner had earlier approached this Court by filing WP(C) No. 31752 of 2025, which was dismissed on 28.11.2025. In view of the judgment of the Apex Court in South Indian Bank Ltd. v. Naveen Mathew Philip [ (2023) 17 SCC 311 ], the petitioner was relegated to avail the remedy before the Debts Recovery Tribunal. Since this Court has already considered the matter, the second writ petition cannot be entertained. Accordingly, the writ petition stands dismissed.

Sd/-

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