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2026 Supreme(Online)(Ker) 14219

IN THE HIGH COURT OF KERALA AT ERNAKULAM
BASANT BALAJI, J
SHYMA N – Appellant
Versus
BANK OF BARODA – Respondent
WP(C) NO. 7133 OF 2026



Advocates:
For the Appellants/Petitioners: SHRI.K.N.ABHILASH, SHRI.SUNIL NAIR PALAKKAT, SHRI.RITHIK S.ANAND, SHRI.RISHI VARMA T.R., SHRI.SREEJITH A., SMT.TEENA M. ASHOK, SMT.ALFIYA SHAMSUDHEEN
For the Respondents: SC SRI. K. ANAND

A court may dismiss repeated petitions for similar reliefs previously denied, allowing the parties to seek resolution in pending proceedings.

Headnote:This writ petition arises from the petitioner’s plea for a direction to regularize a loan account. The petitioner’s husband availed a loan for a dialysis center, defaulting on repayments. Prior petitions were dismissed, and the current petition raises similar issues. The court declines to hear this petition as the relief sought has already been denied. The petitioner retains the right to pursue relief in pending proceedings before the Debts Recovery Tribunal. Final outcome: 'Accordingly, the writ petition stands dismissed.'

Table of Content
1. seeking direction for loan regularization. (Para 1 , 2)
2. previous rulings affect current petition. (Para 3 , 4)
3. court's final decision on the petition. (Para 5)

JUDGMENT

(Dated this the 24th day of February, 2026)

The petitioner has filed this writ petition seeking a direction to the respondents to regularize the loan account and permit repayment of the outstanding amount in 20 instalments.

2. The petitioner’s husband had availed a loan of ₹30 lakhs from the respondent Bank for the completion of a dialysis centre. Upon default in repayment, the respondent Bank initiated proceedings under the SARFAESI Act and issued notice under Section 13(2).

3. Earlier, the petitioner’s husband had approached this Court by filing WP(C) No. 43880 of 2023. In the said writ petition, this Court directed the petitioner to remit the outstanding amount of ₹18,92,845/- (as on that date) in ten instalments.

4. Subsequently, the petitioner filed another writ petition, WP(C) No. 19030 of 2025 wherein, taking note of the S.A. No. 736/2024 pending before the Debts Recovery Tribunal (DRT), this Court declined to entertain the writ petition, without prejudice to the petitioner’s right to raise all contentions in the said S.A.

5. The present writ petition is the third one filed in respect of the very same loan transaction. The relief now sought has already been declined by this Court in the earlier writ petition. In view of the above circumstances, this Court is not inclined to entertain the present writ petition.

Accordingly, the writ petition stands dismissed. Needless to say that the petitioner is at liberty to raise all contentions and seek appropriate relief in the pending S.A. before the Debts Recovery Tribunal.

Sd/-

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